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STRATA SCHEMES DEVELOPMENT BILL 2015

                                     New South Wales




Strata Schemes Development Bill 2015

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Strata Schemes Management Bill 2015.

Overview of Bill
The object of this Bill is to provide for matters relating to freehold strata schemes and leasehold
strata schemes that are currently provided for under the Strata Schemes (Freehold Development)
Act 1973 and the Strata Schemes (Leasehold Development) Act 1986. The main objects of the
proposed Act are stated in clause 3 as being to provide for:
(a) the subdivision of land, including buildings, into cubic spaces to create freehold strata
       schemes and leasehold strata schemes, and
(b) the way in which lots and common property in strata schemes may be dealt with, and
(c) the variation, termination and renewal of strata schemes.
The Bill generally re-enacts, with changes, the Strata Schemes (Freehold Development) Act 1973
and the Strata Schemes (Leasehold Development) Act 1986. The Bill also provides for a process
to facilitate the renewal of particular freehold strata schemes by way of a collective sale or a
redevelopment of the schemes.

Outline of provisions
Part 1          Preliminary
Division 1          Introduction
Clause 1 sets out the name (also called the short title) of the proposed Act.


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Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 3 states the main objects of the proposed Act as mentioned in the overview.

Division 2          Interpretation
Clause 4 defines certain words and expressions used in the proposed Act.
Clause 5 provides that land is contiguous to other land even if it is divided by, or separated from
the other land by, a natural feature or other specified things.
Clause 6 provides for how the boundaries of a lot shown on a floor plan are determined for the
purposes of the proposed Act.
Clause 7 defines subdivision of a lot or common property for the purposes of the proposed Act.
Clause 8 provides for how the proposed Act relates to the Real Property Act 1900, including that
the proposed Act is to be read and interpreted with the Real Property Act 1900 as if it formed part
of that Act.

Part 2       Creation of lots and common property in strata
             schemes
Division 1          Strata plans
Clause 9 provides that specified land may be subdivided into lots, or lots and common property,
by the registration of a plan as a strata plan. This clause further provides that land subject to a lease
or leases may be subdivided for the purpose of creating a leasehold strata scheme, and that a
development lot cannot be subdivided under the clause.
Clause 10 specifies general requirements for a plan intended to be registered as a strata plan,
including the requirements of an administration sheet that must be included with the plan. This
clause further provides that the Registrar-General may refuse to register a proposed strata plan if
the Registrar-General considers that the boundaries of the land over which the plan is to be
registered are not sufficiently defined under Division 3 of Part 23 of the Conveyancing Act 1919.
Clause 11 provides that the Registrar-General must not register a proposed strata plan for a
leasehold strata scheme unless specified requirements for separate leases relating to the lots and
common property in the proposed strata scheme have been met. This clause further provides that
if a plan lodged for registration as a strata plan for a leasehold strata scheme is required to be
accompanied by a lease or leases to be registered under the Real Property Act 1900, the plan is
taken to have been registered only when the lease or leases are registered.
Clause 12 provides for matters in relation to leases for a proposed leasehold strata scheme,
including the determination of particular leases of land in the proposed scheme.

Division 2          Strata plans of subdivision and consolidation
Clause 13 provides that a lot (other than a development lot) or particular common property may
be subdivided by the registration of a plan as a strata plan of subdivision. This clause specifies
general requirements for a plan intended to be registered as a strata plan of subdivision, including
the requirements of an administration sheet that must be included with the plan. This clause also
specifies restrictions on the registration of a strata plan of subdivision under the clause if land
comprised in the plan is held by the original owner of the strata scheme, and provides that
particular by-laws affecting common property that is intended to be subdivided must be repealed
or amended.
Clause 14 provides that a development lot may be subdivided by the registration of a plan as a
strata plan of subdivision. This clause specifies general requirements for a plan intended to be
registered as a strata plan of subdivision, including the requirements of an administration sheet
that must be included with the plan.


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Clause 15 provides that 2 or more lots may be consolidated into one lot by a strata plan of
consolidation. This clause specifies general requirements for a plan intended to be registered as a
strata plan of consolidation, including the requirements of an administration sheet that must be
included with the plan. This clause also provides that any common property in a wall, floor or
ceiling that is a boundary between any lots being consolidated vests in the owner of the
consolidated lot on registration of the plan if the owners corporation of the strata scheme has, by
special resolution, agreed to the consolidation and has signed the plan.
Clause 16 provides for matters in relation to leases on the registration of a strata plan of
subdivision or consolidation for a leasehold strata scheme, including the determination of
particular leases. This clause further provides if a plan lodged for registration as a strata plan of
subdivision for a leasehold strata scheme is required to be accompanied by a lease or leases to be
registered under the Real Property Act 1900, the plan is taken to have been registered only when
the lease or leases are registered.

Division 3          Notices of conversion
Clause 17 provides that one or more lots may be converted into common property by the
registration of a notice as a notice of conversion, if the owners corporation of the strata scheme
has, by special resolution, authorised the proposed conversion. This clause specifies requirements
for a notice intended to be registered as a notice of conversion, and specifies restrictions on its
registration, including a restriction if part or all of the land to be converted is held by the original
owner.
Clause 18 provides for the determination of a lease of a lot converted into common property on
registration of a notice of conversion for a leasehold strata scheme, and for the vesting of the lot
in the owners corporation as lessee.

Division 4          Building alteration plans
Clause 19 provides that, if a building of a strata scheme is altered in specified ways affecting a lot
in the scheme, the owner of the lot must lodge a plan for registration as a building alteration plan
relating to the lot. This clause also specifies requirements for a plan intended to be registered as a
building alteration plan, including the requirements of an administration sheet that must be
included with the plan.
Clause 20 provides that, on registration of a building alteration plan showing an encroachment
onto a public place, the Registrar-General is to give a copy of the plan to the relevant local council.

Division 5          Additional requirements for registration of plans and notices
Clause 21 provides that the Registrar-General may refuse to register a proposed strata plan of
subdivision, strata plan of consolidation, building alteration plan or notice of conversion unless it
is accompanied by a certificate of title comprising the common property in the relevant strata
scheme.
Clause 22 specifies who is required to sign, and who the Registrar-General may require to sign,
plans lodged for registration as a strata plan, strata plan of subdivision, strata plan of consolidation
or building alteration plan. This clause also provides that the Registrar-General may waive the
requirement for a person to sign a plan.

Division 6          Common property
Clause 23 provides that common property may be dealt with only in accordance with the
proposed Act and the Strata Schemes Management Act 2015.
Clause 24 provides for matters relating to common property in a strata scheme, including its
vesting in the owners corporation, on its creation by registration of a strata plan, strata plan of
subdivision or notice of conversion, and that the Registrar-General is to create a folio for the estate
or interest of the owners corporation in the common property. This clause also provides that the
creation of the folio does not affect a right or remedy exercisable otherwise than in relation to


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common property by specified persons even if they signed or consented to the registration of the
plan or signed the notice.
Clause 25 specifies the circumstances in which an owners corporation of any strata scheme may
accept a lease or sublease, or a transfer of a lease or sublease, of land (an accepted lease or
sublease) for the purpose of creating or creating additional common property in the strata scheme,
and specifies the circumstances in which an owners corporation of a freehold strata scheme may
accept a transfer of land for the purpose of creating or creating additional common property in the
strata scheme. This clause further provides that, if the strata scheme forms part of a community
scheme, the Registrar-General may refuse to register a transfer of land for the purpose of creating
or creating additional common property unless the community scheme is appropriately amended
by any necessary dealings registered under the Community Land Development Act 1989.
Clause 26 provides that a dealing evidencing a transaction to which clause 25 applies must be
lodged for registration under the Real Property Act 1900. This clause also specifies the things that
must accompany the dealing, and provides that a dealing for the transfer of land may be registered
only if a plan showing the transferred land and the original parcel as a single lot is registered under
the Conveyancing Act 1919. This clause further provides for the effect of registration of the
dealing.
Clause 27 provides that the owners corporation may, by special resolution and with the agreement
of the lessor or sublessor, surrender an accepted lease or sublease.
Clause 28 provides that an owners corporation holds the common property in the strata scheme
as agent for the owners as tenants in common in shares proportional to the unit entitlement of the
owners' lots. This clause also provides that an owner's interest in common property cannot be
severed from, or dealt with separately from, the owner's lot, and that a dealing or caveat relating
to an owner's lot also affects the owner's interest in the common property.
Clause 29 provides that the Registrar-General must create a folio of the Register in relation to a
strata scheme that does not contain common property, and specifies matters to be recorded in the
folio.
Clause 30 provides that a reference in the proposed Act to a folio includes a reference to a
specified folio during any period in which it does not contain common property, and a reference
to a certificate of title includes a reference to a certificate of title in relation to any such folio. This
clause further provides for the application of provisions of the Real Property Act 1900 in relation
to the folio or certificate of title.
Clause 31 provides that, in a folio for common property, it is sufficient that the land comprised in
the common property is described as the common property in a designated strata plan without
defining its area or dimensions. This clause further provides that a folio for specified common
property is taken to certify title to the common property. This clause also specifies matters the
Registrar-General must record in a folio for common property.
Clause 32 specifies restrictions on recording matters about easements, restrictions on the use of
land or positive covenants relating to common property in a strata scheme in the folio for a lot in
the scheme, and provides that the Registrar-General must make the recordings in the folio for the
common property in the scheme. This clause further provides that any such easement, restriction
on use or positive covenant affects a lot in a strata scheme to the extent that it can affect the lot,
and as if it were recorded in the folio for the lot. This clause also provides that the
Registrar-General must not record a mortgage, charge, covenant charge or writ in the folio for the
common property in a strata scheme.
Clause 33 provides for how an owners corporation of a freehold strata scheme or a leasehold
strata scheme may deal with specified common property in the scheme. This clause also provides
that an owners corporation of any strata scheme may, by special resolution, accept a surrender of
a lease or sublease of common property granted under the clause or re-enter under the lease or
sublease. This clause also specifies circumstances in which the Registrar-General may refuse to
register a dealing that is the transfer of common property in a community scheme. This clause
further provides that, if the strata scheme forms part of a community scheme, the
Registrar-General may refuse to register a transfer of common property unless the community


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scheme is appropriately amended by any necessary dealings registered under the Community Land
Development Act 1989.
Clause 34 provides for how an owners corporation of a strata scheme may execute or accept a
dealing creating, releasing or varying an easement, or a restriction on the use of land or a positive
covenant relating to common property in the scheme.
Clause 35 provides that an owners corporation of a strata scheme may, by special resolution,
dedicate common property in the scheme as a public road, public reserve or drainage reserve by
registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919. This clause
further provides for restrictions on such dedications, and specifies circumstances in which the
Registrar-General may refuse to register a plan if the strata scheme forms part of a community
scheme.
Clause 36 specifies restrictions on the execution and registration of dealings for the purposes of
the proposed Division. This clause further provides that a certificate under the seal of an owners
corporation (and given in relation to a dealing for registration under the Real Property Act 1900
or the Conveyancing Act 1919) is conclusive evidence of the facts stated in the certificate in favour
of the Registrar-General and any person taking under the dealing or benefiting by its registration.
Clause 37 provides that a dealing executed by an owners corporation for the purposes of the
proposed Division is as valid and effective as it would be if it were also executed by the owners
of all the lots in the strata scheme. This clause further provides that a receipt of the owners
corporation for an amount payable to it in relation to a dealing is a sufficient discharge for the
payment and exonerates each person paying the amount from any responsibility for its application.

Division 7          Miscellaneous
Clause 38 provides that section 88B of the Conveyancing Act 1919 applies to a strata plan, strata
plan of subdivision and strata plan of consolidation in the same way as it applies to a plan referred
to in that section relating to land under the Real Property Act 1900. This clause further provides
that specified provisions of the Conveyancing Act 1919 apply in relation to plans lodged for
registration as a strata plan, strata plan of subdivision, strata plan of consolidation or building
alteration plan in the same way the specified provisions apply to plans referred to in the provisions.
Clause 39 specifies how the proposed Act applies to an encroachment shown on a proposed strata
plan, strata plan of subdivision or building alteration plan. This clause further provides that it does
not apply to a provision of the proposed Act relating to ownership and certification of title.
Clause 40 provides that proposed by-laws for a strata scheme have no effect until the strata plan
and any proposed by-laws that are required to accompany it are registered, and that registration
does not operate to give effect to by-laws that have not been lawfully made.

Part 3       Provisions relating to leases in leasehold strata
             schemes
Division 1          Leases of lots and common property
Clause 41 provides that the provisions of the Conveyancing Act 1919 relating to leases of land
apply in relation to a lease of a lot or common property in a leasehold strata scheme, other than to
the extent the provisions are inconsistent with the proposed Act or the regulations made under the
proposed Act. This clause further provides that the lessor of a leasehold strata scheme may be the
owner of any lot in the scheme.
Clause 42 provides that, except as expressly provided by Division 6 of Part 2 of the proposed Act,
a provision of a lease of a lot or common property in a leasehold strata scheme purporting to
require the consent of the lessor of the scheme to any dealing with the lease is void.
Clause 43 provides that, for the purposes of the proposed Act, a lessor of a leasehold strata
scheme who is entitled to immediate possession of a lot in the scheme because of the
determination of a lease is taken to be the owner of the lot. This clause further provides that the


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section does not confer or impose on the lessor certain specified rights or obligations of former
owners.
Clause 44 provides that the lessor of a leasehold strata scheme may grant further leases of lots or
common property in the scheme, and provides for the circumstances in which the lessor must grant
further leases of lots in the scheme or of common property in the scheme. This clause also
specifies particular requirements of further leases granted under the clause, and provides that a
right to a further lease of a lot or common property may not be exercised otherwise than in
accordance with the clause.
Clause 45 specifies the circumstances in which the lessor of a leasehold strata scheme may refuse
to grant further leases of lots or common property in the scheme.

Division 2          Re-entry or forfeiture of leases of lots
Clause 46 restricts the right of re-entry or forfeiture under a lease of a lot in a leasehold strata
scheme for breach of a covenant, condition or agreement in the lease if the lease is subject to a
registered mortgage, charge or covenant charge. This clause provides that the right may not be
exercised unless the lessor of the leasehold strata scheme has served on the mortgagee, chargee or
covenant chargee a copy of the notice served on the owner under section 129 of the Conveyancing
Act 1919 in relation to the breach.
Clause 47 provides that if a lessor has brought legal proceedings to enforce a right of re-entry or
forfeiture under a lease of a lot in a leasehold strata scheme, the Supreme Court may, on
application of a mortgagee, chargee or covenant chargee of the lot, make an order staying the
proceedings and vesting the lease of the lot in a mortgagee, chargee or covenant chargee on
conditions the court considers just and equitable.

Division 3          Conversion of leasehold strata schemes to freehold strata
                    schemes
Clause 48 provides that in specified circumstances the owners corporation of a leasehold strata
scheme may, by special resolution, authorise the conversion of the scheme into a freehold strata
scheme, and sets out procedures for the conversion. This clause further provides that in specified
circumstances the owners corporation or the lessor may acquire the reversion in, or the lease of, a
lot in the scheme. This clause also provides that the lessor must give the Registrar-General notice,
in the approved form, about the conversion of a leasehold strata scheme.
Clause 49 provides that, on receiving a notice about the conversion of a leasehold strata scheme,
and an application in the approved form, before termination of the leasehold strata scheme, the
Registrar-General may record matters in the Register the Registrar-General considers appropriate
to effect a merger of the leasehold and reversionary estates. This clause also specifies matters that
take effect on the making of the record by the Registrar-General.

Part 4       Strata certificates
Division 1          Preliminary
Clause 50 defines certain words and expressions used in proposed Part 4.
Clause 51 provides that, subject to the proposed Act, a provision of the Conveyancing Act 1919,
the Environmental Planning and Assessment Act 1979 or another Act relating to the way land is
divided does not apply to a subdivision effected under proposed Part 2. This clause does not affect
a requirement to obtain planning approval for a subdivision.
Clause 52 specifies the circumstances in which a relevant planning approval is in force, for the
purposes of the proposed Act, for a proposed strata plan, strata plan of subdivision or notice of
conversion.
Clause 53 provides that an application for a strata certificate can be made only by an owner of
land to which the application relates or another person with the owner's consent.


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Division 2           Issue of strata certificates by local councils
Clause 54 provides that a local council must, subject to proposed Part 4 and on application made
to the council, issue a strata certificate in relation to a proposed strata plan, or a proposed strata
plan of subdivision of a development lot, if specified requirements are met.
Clause 55 provides that a local council may, on application made to the council, issue a strata
certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a
development lot) after considering and being satisfied about specified matters. This clause further
provides for the giving of a notice to the owners corporation about a proposed subdivision that
does not subdivide or create common property in order to obtain the views of the owners
corporation on the proposed subdivision.
Clause 56 provides that a local council may, on application made to the council, issue a strata
certificate in relation to a proposed notice of conversion on being satisfied about specified matters.
Clause 57 specifies restrictions that apply to the issue of a strata certificate by a local council
despite any other provision of proposed Division 2.

Division 3           Issue of strata certificates by accredited certifiers
Clause 58 provides that an accredited certifier must, on application made to the certifier, issue a
strata certificate in relation to a proposed strata plan, or a proposed strata plan of subdivision of a
development lot, if specified requirements are met.
Clause 59 provides that an accredited certifier must, on application made to the certifier, issue a
strata certificate in relation to a proposed strata plan of subdivision (other than a subdivision of a
development lot) if specified requirements are met.
Clause 60 provides that an accredited certifier must, on application made to the certifier, issue a
strata certificate in relation to a notice of conversion if specified requirements are met.
Clause 61 specifies restrictions that apply to the issue of a strata certificate by an accredited
certifier despite any other provision of proposed Division 3.

Division 4           Strata certificates relating to encroachments onto public
                     places, and to utility lots
Clause 62 provides that a local council may, unless specified requirements are met, refuse to issue
a strata certificate in relation to a strata plan or strata plan of subdivision if a building to which the
plan relates encroaches on a public place. This clause also provides that an accredited certifier
must, unless specified requirements are met, refuse to issue any such strata certificate.
Clause 63 provides that a local council may impose a condition (a restrictive use condition) on a
strata certificate restricting the use of a utility lot if the lot would be created on registration of a
plan for which the certificate is sought. This clause further provides that an accredited certifier
must note, on a strata certificate issued by the certifier, a restriction on the use of a utility lot
contained in a relevant planning approval. This clause also provides that section 88 of the
Conveyancing Act 1919 does not apply to a restriction referred to in the clause.
Clause 64 provides that a local council may, by instrument under the Real Property Act 1900,
release a utility lot from a restrictive use condition imposed by the council on the use of the utility
lot.

Division 5           Notice of decisions and appeals
Clause 65 provides that a local council or accredited certifier must give notice, stating specified
matters, of the council's or certifier's decision on an application for a strata certificate.
Clause 66 provides that the applicant for an application for a strata certificate made to a local
council may appeal to the Land and Environment Court against the council's decision to refuse
the application or to issue the certificate subject to a restrictive use condition. This clause further
provides for when a local council's decision on an application is taken to have been made, and for
the period within which an appeal must be made. This clause also provides that the court's


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decision on appeal is taken to be the final decision of the local council and is to be given effect as
if it were the decision of the local council.

Division 6          Application of Building Professionals Act 2005
Clause 67 provides that, for the purposes of the proposed Act, an accredited certifier is the holder
of an accreditation as an accredited certifier for the purposes of the Act. This clause also provides
that specified provisions of the Building Professionals Act 2005 and the regulations made under
that Act relating generally to accredited certifiers apply in relation to the accreditation of
accredited certifiers for the purposes of the proposed Act, those accredited certifiers and the
exercise of their functions under the proposed Act.
Clause 68 provides that specified provisions of the Building Professionals Act 2005 and the
regulations made under that Act relating to a requirement to have insurance apply in relation to
accredited certifiers exercising functions under the proposed Act in the same way as the provisions
apply to accredited certifiers exercising the functions of a certifying authority within the meaning
of the Environmental Planning and Assessment Act 1979.

Division 7          Miscellaneous
Clause 69 provides that a person who exercises functions under the proposed Act or another Act
in reliance on a strata certificate is entitled to assume specified matters, and is not liable for loss
or damage arising from a matter in relation to which the certificate was issued. This clause further
provides that it does not apply to an accredited certifier in relation to a strata certificate issued by
the accredited certifier.
Clause 70 specifies matters that the regulations may make provision for or with respect to in
relation to proposed Part 4.

Part 5       Staged development
Division 1          Preliminary
Clause 71 specifies the purpose and scope of proposed Part 5, in particular that its purpose is to
facilitate the development in stages of a parcel subject to a strata scheme.
Clause 72 defines certain words and expressions used in proposed Part 5.
Clause 73 provides that the proposed development in stages of a parcel subject to a strata scheme
consists of the progressive improvement of the parcel by constructing buildings or carrying out
works on development lots, and the subsequent subdivision of development lots and consequential
adjustment of the unit entitlement of lots in the strata scheme. This clause further provides that the
proposed development will be carried out subject to a strata development contract that describes
specified matters.
Clause 74 defines development concern for the purpose of proposed Part 5.

Division 2          Restriction on granting planning approval
Clause 75 provides that a planning authority must not grant a planning approval for the
subdivision of land by a strata plan for the purposes of the development in stages of a parcel under
proposed Part 5 unless the proposed plan includes a development lot and a development contract
accompanies the application for the planning approval. This clause further provides that a
planning authority must certify specified matters if it grants any such planning approval, and a
planning approval granted in contravention of the clause is invalid.

Division 3          Strata development contracts and registration of contracts
                    and amendments
Clause 76 provides that a strata development contract must be in the approved form, and specifies
matters that must be included in a strata development contract. This clause further provides that a


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strata development contract cannot provide for the subdivision of common property in a strata
scheme without the consent, by special resolution, of the owners corporation.
Clause 77 provides that a concept plan for a strata development contract must separately illustrate
the sites proposed for, and the nature of, the buildings and works that would result from the
carrying out of permitted development and warranted development under the contract.
Clause 78 provides that a strata development contract may apportion the liability for expenses
relating to the use or maintenance of common property in a strata scheme differently from the way
the expenses are apportioned by the schedule of unit entitlement for the scheme. This clause
further provides that, despite the schedule of unit entitlement, the apportionment has effect until
the development scheme is concluded.
Clause 79 specifies requirements relating to the signing and lodging of a strata development
contract or an amendment of any such contract. This clause further provides that the same person
may be more than one of the parties to a strata development contract.
Clause 80 provides that the Registrar-General may register a strata development contract or an
amendment of any such contract by recording the contract or amendment in the Register. This
clause also specifies requirements for the registration of the contract or amendment.
Clause 81 provides that a strata development contract has effect as an agreement under seal
containing the covenants specified in Schedule 3 entered into by the owners corporation and other
specified types of persons, and that the contract ceases to have effect in relation to a specified
person (other than in relation to obligations incurred or rights that accrued before the contract
ceases) when the person ceases to be the specified type of person. This clause further provides that
a lessee entitled to immediate possession of a development lot (and a mortgagee, chargee and
covenant chargee in possession of a development lot) is taken to be the developer for the purposes
of the proposed Act, the regulations and the strata development contract instead of the person who
would otherwise be the developer. This clause also provides that a strata development contract
does not permit development to be carried out in contravention of any law, that a provision of
another contract or instrument is void if it excludes, modifies or restricts a strata development
contract, and that a covenant under a strata development contract does not merge on the transfer
of a lot. This clause also excludes the application of the Strata Schemes Management Act 2015 to
matters arising under a strata development contract.
Clause 82 provides that a strata development contract may confer on the developer an exclusive
or any lesser right to occupy common property, and that a developer is entitled to use common
property or the relevant development lot to the extent necessary to carry out the development or,
in relation to common property specified in the contract, to the extent conferred by the contract.
This clause further provides that the right to occupy or use the common property or development
lot must be exercised in a way that does not cause unreasonable inconvenience to an occupier of
any lot, and that the right may be exercised (and the provisions of the contract relating to the
maintenance or upkeep of common property have effect) despite other provisions of the proposed
Act, the by-laws or an order under section 131 of the Strata Schemes Management Act 2015.
Clause 83 provides that land may be added to a parcel containing a development lot by
registration of a plan as a strata plan of subdivision. This clause also specifies requirements for the
registration of any such plan and provides that on registration of the plan the added land becomes
common property, a further development lot or an addition to an existing development lot (or a
combination of these) as provided by the strata development contract.

Division 4          Amendment of strata development contracts
Clause 84 provides that a strata development contract may be amended by the developer and has
effect only if the specified requirements relating to the type of amendment are met. This clause
further provides that a planning authority that approves an amendment must give the applicant for
the approval a copy of the instruments, plans and drawings that describe and illustrate the
amendment and a specified certificate relating to the approved amendment.
Clause 85 provides that an applicant may appeal to the Land and Environment Court against a
planning authority's decision to refuse to approve an amendment of a strata development contract,


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and that the planning authority must give the applicant notice of a decision to refuse. This clause
further provides for the period within which an appeal must be made and that the decision of the
court on appeal is taken to be the final decision of the planning authority and is to be given effect
as if it were the decision of the planning authority.
Clause 86 provides that a proposed amendment of a strata development contract need not be
supported by a resolution of an owners corporation if the amendment is approved by the Land and
Environment Court. This clause further provides that the court must be satisfied of specified
matters before approving the amendment, that the developer must serve an application for the
amendment on specified persons and that a person entitled to be served with the application is
entitled to appear and be heard on the hearing of the application.

Division 5          Provisions relating to development concerns
Clause 87 provides that the vote of a developer permitted to carry out development included in a
strata development contract is sufficient to pass or defeat a motion in the notice for a meeting of
the owners corporation or its strata committee if the passing or defeat of the motion would have
the effect of making a decision about a development concern. This clause further provides that it
is not necessary for a decision about a development concern to be supported by a special or
unanimous resolution despite any other provision of the proposed Act or the Strata Schemes
Management Act 2015, and that a dealing, plan or other instrument may be executed by the owners
corporation (or a developer on behalf of the owners corporation) to give effect to the decision. This
clause also provides that the regulations may impose requirements for the execution of any such
dealings, plans or other instruments.
Clause 88 provides that a motion the passing or defeat of which would have the effect of making
a decision about a development concern must be identified as relating to a development concern
in the notice of the relevant meeting and moved separately from any other kind of motion. This
clause further specifies requirements for convening general meetings of owners corporations for
the purpose of making decisions about development concerns, and for the constitution of a
sufficient quorum for a meeting in relation to business dealing with a development concern. This
clause also provides that, for the purpose only of allowing development permitted by a strata
development contract to be carried out, a developer (or if the developer is a corporation, its
company nominee) may exercise specified functions prescribed by the regulations.

Division 6          Conclusion of development schemes
Clause 89 provides that a development scheme to which a strata development contract relates is
concluded on the happening of specified events, and also specifies requirements for the signing
and lodging of a notice relating to the conclusion of the development scheme to which a strata
development contract relates.
Clause 90 provides that, within 2 years after the conclusion of a development scheme, the owners
corporation may lodge a revised schedule of unit entitlement for the strata scheme if it considers
the schedule for the scheme does not apportion the unit entitlements so as to reflect the market
value of the lots in the scheme. This clause also specifies requirements of a revised schedule of
unit entitlement.
Clause 91 provides that the Registrar-General must record the conclusion of a development
scheme in the folio of the owners corporation and the common property in the strata scheme, and
must record a revised schedule of unit entitlement (if any) as the schedule of unit entitlement in
substitution for the existing schedule of unit entitlement for the scheme.
Clause 92 provides that the Land and Environment Court may, by order, defer or fix the time for
conclusion of a development scheme and may vary any such order on the application of a person
entitled to apply for an order. This clause further provides that the applicant for the order must
serve notice of an application for an order on specified persons, and that each specified person may
appear and be heard on the hearing of the application. This clause also specifies matters that may
be included in an order.



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Division 7           Applications for assistance
Clause 93 provides that an owners corporation or an owner of a lot (other than a developer) may
apply to the Secretary of the Department of Finance, Services and Innovation (the Secretary) for
assistance to bring or defend proceedings before the Land and Environment Court relating to
specified matters. This clause further provides that the Secretary may require an applicant to give
the Secretary further information about an application and may refuse to proceed with the
application until the information is given.
Clause 94 provides that the Secretary may decide to investigate an application for assistance or to
discontinue an investigation, and specifies matters the Secretary must have regard to in making
the decision. This clause also specifies obligations imposed on the Secretary in relation to the
Secretary's decision about an application for assistance.
Clause 95 applies sections 20-22 of the Fair Trading Act 1987 to an investigation of an
application for assistance.
Clause 96 applies Division 2 of Part 2 of the Fair Trading Act 1987 (other than specified
provisions) to an application for assistance. This clause also provides that the Secretary may, with
the consent of the Minister administering the Fair Trading Act 1987, seek an interim restraining
order under the Environmental Planning and Assessment Act 1979 in relation to the subject-matter
of an application, and specifies particular matters relating to the order.
Clause 97 provides that an owners corporation may, if authorised by resolution, make an
application for assistance, or bring specified proceedings relating to a strata development contract,
an amendment of any such contract, a planning approval granted in accordance with clause 75 (1)
or a modification of any such planning approval. This clause further provides that any vote cast
by the developer or a mortgagee of the developer is to be disregarded in determining whether a
resolution has been passed.

Division 8          Miscellaneous
Clause 98 specifies particular functions of the Secretary in relation to matters under proposed
Part 5.

Part 6       Strata management statements and easements relating
             to part strata parcels
Division 1          Strata management statements
Clause 99 provides that the Registrar-General must not register a plan as a strata plan that creates
a part strata parcel unless the Registrar-General also registers a strata management statement for
the building and its site or waives the requirement for a strata management statement on specified
grounds.
Clause 100 provides that a strata management statement must be in the approved form and that it
must comply with proposed Schedule 4. This clause further provides that Schedule 4 applies to a
strata management statement.
Clause 101 provides that the Registrar-General may register a strata management statement, or an
amendment of a strata management statement, by recording the statement or amendment in the
Register. This clause further provides that the Registrar-General may refuse to register a strata
management statement on specified grounds, and may register a strata management statement for
a building and its site at any time a part of the building is included in a part strata parcel but is not
the subject of a strata management statement.
Clause 102 provides that, if a strata management statement is registered, the Registrar-General
must record specified matters about the statement in the folio relating to the owners corporations
of the strata scheme and the common property and in the folio for each owners corporation of a
strata scheme for part of the building and for each part of the building or site that does not form
part of a part strata parcel.


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Clause 103 provides that a strata management statement may be amended only if the amendment
is supported by a special resolution of the owners corporation of each strata scheme for part of the
building and other specified persons, or is ordered by a court or is consequential on the revocation
or modification of a planning approval. This clause further provides that an amendment must be
in the approved form and has effect only if it is recorded in the folio for each owners corporation
of a strata scheme for part of the building and for each part of the building or site that does not
form part of a part strata parcel.
Clause 104 provides that the Registrar-General may register a strata management statement or
amendment only if specified requirements for lodging and signing the strata management
statement or amendment are met, and may refuse to register a strata management statement or
amendment unless written consents to the registration have been lodged and signed by specified
persons that the Registrar-General determines. This clause further provides that the
Registrar-General may waive a requirement for a signature under this clause without giving notice
to any person.
Clause 105 provides that a registered strata management statement has effect as an agreement
under seal, containing specified covenants, entered into by specified persons. This clause further
provides for the circumstances in which the agreement ceases to have effect in relation to the
specified persons and that the ceasing of the agreement does not prejudice or affect obligations
incurred or rights accrued while it was in force. This clause also provides that a strata management
statement has no effect to the extent it is inconsistent with specified conditions and orders, or
another Act or law, and that (subject to the proposed Act and the regulations) a provision of any
instrument that excludes, modifies or restricts the agreement is void. In addition, this clause
provides that a covenant under the agreement does not merge in the transfer of a lot. This clause
does not affect a right or remedy a person may have under a strata management statement apart
from a right or remedy under proposed Part 6.

Division 2          Easements
Clause 106 specifies the easements, and the rights under the easements, that are implied in
relation to lots and common property comprising a part strata parcel on registration of a plan as a
strata plan that creates the part strata parcel. This clause also provides that the Registrar-General
must record the easements in the Register and that the clause applies despite section 88 of the
Conveyancing Act 1919.
Clause 107 provides that the rights and obligations conferred or imposed by an instrument
creating specified types of easement are the rights and obligations specified in Schedule 5 other
than to the extent they are varied or negatived under this clause or in the particular instrument.
This clause further provides that particular terms of the easements may be varied, and how they
may be varied, under the Real Property Act 1900 or by order of the Supreme Court. This clause
also provides for the recording in the Register, and the effect, of an order of the Supreme Court
and that the site of an easement for a specified service is not required to be identified on a strata
plan.

Division 3          Miscellaneous
Clause 108 provides that on the registration of a plan as a strata plan that creates a part strata
parcel and in relation to which the requirement for a strata management statement has been waived
because a registered building management statement is in force for the building and its site, the
building management statement is taken to be the registered strata management statement for the
building and its site.
Clause 109 provides that in a lease of a lot or common property in a strata scheme that is part of
a community scheme, an agreement by the lessee to comply with the community management
statement, and the precinct management statement if the community scheme is part of a precinct
scheme, is implied.
Clause 110 provides that if it is proposed to grant a lease of a lot or common property in a strata
scheme that is part of a community scheme, the lessor must include a copy of the community


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management statement, and the precinct management statement if the community scheme is part
of a precinct scheme, with the copy of the lease to be signed by the lessee.

Part 7       Compulsory acquisition of lots and common property
Clause 111 provides that proposed Part 7 does not apply to an easement or land in a strata scheme
that is part of a community scheme.
Clause 112 provides that, despite any other Act, a resuming authority cannot resume particular
land unless the specified requirements in relation to the land are met.
Clause 113 provides that the Registrar-General must not register a plan that relates to a parcel and
is lodged to effect a resumption referred to in clause 112 (1), unless the notice of resumption and
the plan comply with specified requirements. This clause also specifies requirements for the
registration of plans intended to effect a resumption.
Clause 114 states the effect of a resumption of common property and other resumed land under
proposed Part 7.
Clause 115 provides that a resuming authority may apply to the Supreme Court for an order in
relation to the resumption of land in a parcel and exclusion of that land from a strata scheme. This
clause further provides that notice of an application for an order must be served on specified
persons and states who is entitled to appear and be heard on the hearing of the application. This
clause also provides that the Supreme Court may, if it considers an order should not be made,
direct that the application for the order be treated as an application for another specified type of
order under the proposed Act. If the court makes the direction, the application for the order is taken
to be an application for the other type of order.
Clause 116 provides that the costs for an application for an order of the Supreme Court are
payable by the resuming authority unless the Supreme Court otherwise orders.
Clause 117 provides that a resuming authority does not acquire any interest in common property
in a strata scheme merely because it resumes the whole or part of a lot in the scheme, if the notice
of resumption states that the lot is to be excluded from the scheme.
Clause 118 provides that, for the purposes of any Act relating to the payment of compensation on
the resumption of land, a resumed part of a lot is severed from every other part of the lot and the
beneficial interests of the owners in resumed common property is taken to be vested in the owners
corporation to the exclusion of the owners for the purposes of any claim for, or the payment of,
compensation.
Clause 119 provides that a resumption of land to which proposed Part 7 and the Land Acquisition
(Just Terms Compensation) Act 1991 apply must comply with the proposed Part and that Act, and
a resumption of land to which proposed Part 7 and to which Part 12 of the Roads Act 1993 apply
must comply with the proposed Part and Part 12 of that Act. This clause further provides that
proposed Part 7 prevails to the extent of any inconsistency.
Clause 120 provides that if a part of a parcel is resumed by a resuming authority that is not bound
by the proposed Act and does not comply with proposed Part 7, the owners corporation or a person
affected by the resumption may apply for a stated order under proposed Part 9 in relation to the
resumption.

Part 8       Particular functions of Registrar-General
Clause 121 empowers the Registrar-General to register plans and other instruments for the
purposes of the proposed Act, and provides for when a strata plan, strata plan of subdivision, strata
plan of consolidation, building alteration plan or notice of conversion is taken to be registered.
This clause also provides that any such plans or notices must not be registered unless they are
lodged with all other plans or documents prescribed by the regulations.
Clause 122 provides that the Registrar-General may copy specified documents and certify the
copies as true copies, and that the certified copies have the same validity and effect as the original



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documents. This clause further provides that the Registrar-General may destroy, or cease to keep
in electronic form, an original document to which a certified copy relates.
Clause 123 provides that the Registrar-General may record particular unit entitlements in the
folio for common property, or amend schedules of unit entitlement recorded in the folio for
common property or amend revised schedules of unit entitlement, in accordance with the
circumstances specified in the clause. This clause further provides that, on making a recording or
amendment, the Registrar-General must give the owners corporation notice of the unit
entitlements recorded.
Clause 124 provides that the Registrar-General must record restrictive use conditions relating to
a lot on creating a folio for the lot, and the recorded condition is an interest within the meaning of
section 42 of the Real Property Act 1900. This clause further provides that the Registrar-General
also must record matters about the release of a utility lot from a restrictive use condition, and the
release has effect when the record is made.
Clause 125 provides that the Registrar-General must not, on registering a strata plan of
subdivision or a current plan in relation to a specified resumption, create a folio for a lot or make
a recording in the Register in relation to a lot comprised in the strata plan of subdivision or a
current plan lot in the current plan until the Registrar-General makes a recording in the Register
under section 31A (3) of the Real Property Act 1900 in relation to the resumption.
Clause 126 provides that on registration of particular strata plans of subdivision, or a strata plan
of consolidation, the Registrar-General must cancel the folios for any former lots, create new
folios for the new lots and amend the schedule of unit entitlement recorded in the folio for the
common property in the strata scheme. This clause further provides that on registration of a notice
of conversion of a lot into common property the Registrar-General must cancel the folio for the
converted lot and amend the schedule of unit entitlement recorded in the folio for the common
property in the strata scheme.
Clause 127 provides that in relation to a specified resumption of a lot the Registrar-General is to
make, in the folio for the resumed lot, a recording that is authorised or required to be made under
section 31A (3) of the Real Property Act 1900. This clause further provides that, in relation to a
resumption of a lot in a specified strata plan of subdivision, the Registrar-General must cancel the
folio for the subdivided lot, create a folio for each new lot and amend the schedule of unit
entitlement recorded in the folio for the common property in the strata scheme.
Clause 128 provides that in relation to a resumption solely of common property the
Registrar-General is to make, in the folio for the common property, a recording that is authorised
or required to be made under section 31A (3) of the Real Property Act 1900. This clause further
provides that, in relation to a resumption of the whole of a parcel or any part of a parcel that does
not consist of common property, the Registrar-General must make the recordings in the Register,
and create the folios, the Registrar-General considers necessary or appropriate to give effect to
particular orders made under the proposed Act.

Part 9       Variation or termination of strata schemes
Division 1          Preliminary
Clause 129 defines certain words and expressions used in proposed Part 9.

Division 2          Variation of strata schemes
Clause 130 provides that specified persons may apply to the Supreme Court (the court) for an
order about the variation or substitution of a strata scheme, that notice of the application must be
served in accordance with rules of court and that the applicant and persons entitled to be served
may appear and be heard on the hearing of the application.
Clause 131 provides that the court may make an order about the variation or substitution of a
strata scheme (a variation order), that specified directions may be included in the order and that



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the court may change a variation order on application of a person entitled to appear and be heard
on the hearing of the application for the order.
Clause 132 specifies when a variation order takes effect.
Clause 133 provides that the court may, on application of a person entitled to appear and be heard
on the hearing of the application for a variation order or on its own initiative, direct that the
application for the variation order be treated as an application for an order about the termination
of a strata scheme. This clause further provides that an application the subject of the direction is
taken to have been made, under the clause for the order about the termination, by a person entitled
to make it, and that the applicant and any other person entitled to appear and be heard under that
clause is entitled to appear and be heard on the hearing of the application.
Clause 134 provides that, unless the court otherwise orders, the costs of proceedings in relation
to a specified application are payable by the resuming authority.

Division 3          Termination of strata schemes by order of court
Clause 135 provides that specified persons may apply to the court for an order about the
termination of a strata scheme, that notice of the application must be served in accordance with
rules of court and that the applicant and persons entitled to be served may appear and be heard on
the hearing of the application. This clause also restricts an application being made under the clause
by a prescribed authority within the meaning of section 88D or 88E of the Conveyancing Act 1919.
Clause 136 provides that the court may make an order about the termination of a strata scheme
(a termination order), that specified directions may be included in the order and that the court may
change a termination order on application of a person entitled to appear and be heard on the
hearing of the application for the order.
Clause 137 specifies when a termination order takes effect.
Clause 138 specifies matters in relation to a termination order taking effect, including that
compensation payable in relation to the value of improvements in a leasehold strata scheme is to
be determined in accordance with the formula set out in Schedule 6 or as otherwise agreed
between the former lessor and former owners.
Clause 139 provides that a dispute about the amount of compensation payable in relation to the
value of improvements in a terminated leasehold strata scheme is to be resolved by arbitration or
by order of the Supreme Court, that an application for an order of the Supreme Court may be made
by any party to the dispute, that notice of the application must be served in accordance with rules
of court and that all applications in relation to the same leasehold strata scheme must, as far as
practicable, be heard together.
Clause 140 provides that the court may, on application of a person entitled to appear and be heard
on the hearing of the application for a termination order or on its own initiative, direct that the
application for the termination order be treated as an application for a variation order. This clause
further provides that an application the subject of the direction is taken to have been made under
the clause for making an application for a variation order by a person entitled to make it, and that
the applicant and any other person entitled to appear and be heard under that clause is entitled to
appear and be heard on the hearing of the application.
Clause 141 provides that, unless the court otherwise orders, the costs of proceedings in relation
to specified applications are payable by the resuming authority.

Division 4          Termination of strata schemes by Registrar-General
Clause 142 provides that a person may apply to the Registrar-General for termination of a strata
scheme that does not relate to a parcel the subject of a strata development contract. This clause
further provides that the applicant must publish details about the proposed termination and that
the application must be signed by specified persons (unless the Registrar-General otherwise
agrees), and be accompanied by specified documents.




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Clause 143 provides that the Registrar-General may make an order terminating a strata scheme
(also a termination order) or refuse to make the order. This clause further provides that a refusal
of the Registrar-General does not prevent a person applying to the court for a termination order.
Clause 144 provides that a termination order made by the Registrar-General has effect when the
Registrar-General records the order in the folio for the land comprising the parcel.
Clause 145 provides that, on recording the termination order in the folio for the land comprising
the parcel, the Registrar-General must cancel the folios for the lots and common property in the
parcel and, in the case of a freehold strata scheme, create a folio or folios for the land in the former
parcel.
Clause 146 specifies matters relating to the effect of the termination of a freehold strata scheme.
Clause 147 specifies matters relating to the effect of the termination of a leasehold strata scheme.

Division 5          Termination of leasehold strata schemes on expiry of leases
Clause 148 provides that a leasehold strata scheme is terminated when all leases of lots and
common property in the scheme expire or are otherwise determined without being wholly or partly
replaced by further registered leases. This clause also specifies matters that take effect on the
termination of a leasehold strata scheme, and provides for the payment of compensation for the
value of improvements comprised in the parcel and for the cancellation of the folios for the leases
of lots and common property in the scheme and the cancellation of the strata plan for the scheme.
Clause 149 provides that a dispute about the amount of compensation payable for improvements
in relation to a lot in a terminated leasehold strata scheme must be resolved by arbitration under
the Commercial Arbitration Act 2010 or by order of the Supreme Court. This clause further
provides that an application for an order of the court may be made by any party to the dispute and
that notice of the application is to be served in accordance with rules of court.
Clause 150 provides that an owner of a lot in a leasehold strata scheme, the owners corporation
or a creditor of the owners corporation may, before the expiry of the leases of lots and common
property in the scheme, apply to the Supreme Court for an order to continue the owners
corporation in existence for the purposes, and until the time, specified in the order. This clause
further provides for the directions that may be included in the order and the variation of any such
order.

Division 6          Miscellaneous
Clause 151 provides that a notice served under any one of the particular specified clauses may be
taken to be a notice served under another of those clauses if it relates to an application that is
required to be treated as an application made under the other clause.
Clause 152 provides that, subject to the requirement in the proposed Act for the Registrar-General
to make recordings in the Register, and create folios, to give effect to orders relating to resumed
land, the Registrar-General must make appropriate recordings in the Register to give effect to a
variation order or a termination order under proposed Division 3. This clause further provides that
in relation to making a recording about a termination order the Registrar-General must cancel or
create specified folios and record specified matters.

Part 10 Strata renewal process for freehold strata schemes
Division 1          Preliminary
Clause 153 provides that proposed Part 10 applies to freehold strata schemes, other than a strata
scheme relating to a parcel that is the subject of a development contract or a strata scheme in which
one or more of the lots in the scheme are, or form part of, a retirement village and that the purpose
of the proposed Part is to facilitate the collective sale or redevelopment of those strata schemes.
Clause 154 defines certain words and expressions used in proposed Part 10.



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Clause 155 provides that proposed Part 10 and an order of the Land and Environment Court made
under the Part prevail to the extent of any inconsistency with the Strata Schemes Management Act
2015. This clause further provides that Schedules 1 and 2 to the Strata Schemes Management Act
2015 apply to meetings of an owners corporation or strata committee for the purposes of the
proposed Part.

Division 2         Strata renewal proposals
Clause 156 provides that any person may give a written proposal (a strata renewal proposal) to
a strata committee about a collective sale or redevelopment of a strata scheme.
Clause 157 provides that a strata committee that receives a strata renewal proposal must consider
the proposal at a meeting of the committee and decide whether or not the proposal warrants further
consideration by the owners corporation. This clause further provides that the minutes of the
meeting must include a complete copy of the proposal and detailed reasons for the committee's
decision, and that a copy of the minutes must be given to each owner.
Clause 158 provides that a strata committee must convene a general meeting of the owners
corporation if it decides a strata renewal proposal warrants further consideration by the owners
corporation, and that a general meeting to consider a strata renewal proposal may also be
convened by way of a qualified request under the Strata Schemes Management Act 2015. This
clause further provides that the notice of the general meeting must comply with specified matters
and be given to each owner at least 14 days before the meeting.
Clause 159 provides that a strata renewal proposal lapses if the strata committee or the owners
corporation decide the proposal does not warrant further consideration or investigation.

Division 3         Establishment, membership, function, operation and
                   dissolution of strata renewal committees
Clause 160 provides that an owners corporation must, by resolution, establish a strata renewal
committee to prepare a strata renewal plan for a strata renewal proposal, and elect its members, if
the owners corporation decides that a strata renewal proposal warrants further investigation. A
person who has a financial interest in more than 25% of the lots in the strata scheme is required to
disclose that fact before voting for (or being elected as a member of) the strata renewal committee.
This clause further provides that a strata renewal committee must consist of a chairperson and the
number of other members, being not more than 8, the owners corporation determines, and that the
committee is taken to have been established on the day its members are first elected. This clause
also provides that appropriate forms of motion may be included in a motion for a resolution to
establish a strata renewal committee.
Clause 161 provides that an owners corporation may elect persons as members of the strata
renewal committee if they are eligible for appointment or election to the strata committee of the
owners corporation. This clause further provides that, before a person is elected to the strata
renewal committee, the person must disclose conflicts of interest to the owners corporation. This
clause also provides for when a nomination for election may be made, and that a person may be a
member of both a strata renewal committee and a strata committee.
Clause 162 provides that notice of the decision of an owners corporation to establish a strata
renewal committee must be given to the owner of each lot in the strata scheme. This clause further
provides that the notice must include the information prescribed by the regulations.
Clause 163 specifies when a person is taken to vacate office as a member of the strata renewal
committee.
Clause 164 provides that the function of a strata renewal committee is to prepare a strata renewal
plan relating to the relevant strata renewal proposal for consideration by the owners corporation
and the owners of lots in the strata scheme. This clause further provides that, in exercising its
function, the strata renewal committee must not spend more than an amount approved by the
owners corporation, and may engage persons to help it prepare the strata renewal plan if delegated
the authority to do so. This clause also provides that a strata renewal committee may ask the


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secretary of the owners corporation to convene a general meeting to seek approval about
expenditure and other matters relating to a proposed strata renewal plan. This clause also specifies
particular matters relating to acts or proceedings of a strata renewal committee.
Clause 165 provides that a member of a strata renewal committee must disclose potential
conflicts of interest to a meeting of the relevant strata committee. This clause further provides that
the strata committee must inform the owners corporation of the potential conflict of interest, and
the owners corporation is to make a decision about removing the member from office or allowing
the member to remain in office (having regard to the nature of the member's interest). This clause
also provides that a member must comply with any requirement of the owners corporation relating
to the member's right to vote at, or participate in, meetings of the strata renewal committee.
Clause 166 provides that, unless earlier dissolved, a strata renewal committee may exercise its
function for 1 year after the day it is established or for any further period approved by special
resolution of the owners corporation.
Clause 167 specifies when a strata renewal committee is dissolved.

Division 4          Procedures of strata renewal committees
Clause 168 provides that a strata renewal committee may hold its meetings at the times and in the
way it decides, that a quorum for a meeting of a strata renewal committee is a majority of its
members and that a majority of votes cast at a meeting at which a quorum is present is the decision
of the strata renewal committee.
Clause 169 provides that the strata renewal committee must keep minutes of its meetings and a
record of its decisions, and give copies of its minutes to specified persons and place a copy of the
minutes on any owners corporation notice board.

Division 5          Strata renewal plans
Clause 170 specifies particular matters that must be included in a strata renewal plan relating to a
proposed collective sale or redevelopment of a strata scheme.
Clause 171 provides that the amount paid under a collective sale of a strata scheme provided for
in a strata renewal plan must be apportioned among the owners in shares equal to their unit
entitlements. This clause further provides that an amount paid to a dissenting owner in a strata
scheme subject to a proposed redevelopment must not be less than the compensation value of the
owner's lot.
Clause 172 provides that, on completing a strata renewal plan, the strata renewal committee must
convene a meeting of the owners corporation to consider the plan. This clause further provides
that the owners corporation may amend the plan or return it to the strata renewal committee for
amendment and may, by special resolution, decide to give the plan (whether or not amended) to
the owners for their consideration. This clause also provides that a strata renewal plan has no force
or effect merely because the owners corporation decides to give the plan to the owners for their
consideration.
Clause 173 provides that the secretary of the owners corporation must give a copy of the strata
renewal plan to each owner if the owners corporation decides to give the plan to the owners for
their consideration. This clause further provides that the copy of the plan must be accompanied by
the information or documents prescribed by the regulations.
Clause 174 provides that an owner may, at least 60 days after receiving a strata renewal plan and
before the plan lapses, give written notice (a support notice) of the owner's support for the plan
to the person who has been appointed as the returning officer. This clause further provides for
witnessing the signatures of owners, registered mortgagees and covenant chargees on the support
notice. This clause also provides that the notice has effect as a support notice under the proposed
Part on the day it is given to the returning officer. This clause also provides that the returning
officer must keep a record of the number of lots for which a support notice is in effect and advise
owners of this information if requested.



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Clause 175 provides that an owner may withdraw a support notice before the owner is given a
notice under clause 176 about the required level of support. This clause further provides that a
support notice that is withdrawn ceases to have effect as a support notice under the proposed Part.
Clause 176 provides that if the required level of support is obtained (being the support of at least
75% of the owners) in relation to a proposed strata renewal plan, the returning officer must give
the secretary of the owners corporation notice that the required level of support has been obtained
and the secretary must then notify each owner and the Registrar-General of that fact. This clause
further provides that, on receiving the notice, the Registrar-General must make appropriate
recordings in the folio for the common property in the strata scheme concerned to show the
scheme is the subject of a strata renewal plan. This clause further provides that, on and from the
making of the recordings and for the purposes of the proposed Part, a support notice that is in
effect for the strata renewal plan is taken to have been given by each subsequent owner and
registered mortgagee or covenant chargee of the lot in relation to which the support notice was
given.
Clause 177 specifies when a strata renewal plan lapses, and that the plan ceases to have any force
or effect if it lapses. The owners corporation must notify the Registrar-General when a plan lapses.

Division 6          Applying for orders to give effect to strata renewal plans
Clause 178 provides that, if the required level of support for a strata renewal plan is obtained, the
secretary of the owners corporation or a member of the strata renewal committee must convene a
general meeting of the owners corporation for the purpose of deciding whether to apply to the
 
 
and and Environment Court (the court) for an order to give effect to the plan, and that the owners
corporation may, by resolution, apply for the order. This clause also clarifies that an application
for an order may be made even if an owner of a lot in the strata scheme concerned was not the
actual owner who gave a support notice. This clause also specifies matters the owners corporation
must be satisfied about before applying for an order, and requires the secretary of the owners
corporation to give tenants of lots on the strata scheme written notice of a decision to apply for an
order.
Clause 179 provides for the information or documents that must accompany an application for an
order, and that notice of the application must be served on each owner, registered mortgagee or
covenant chargee of a dissenting owner's lot and other persons directed by the court.
Clause 180 provides that an objection to an application for an order to give effect to a strata
renewal plan may be filed in the court by a dissenting owner, a registered mortgagee or covenant
chargee of a dissenting owner's lot or a person on whom notice of the application was served
under a direction of the court. This clause further provides that a person must file an objection
within 21 days after notice of the application is served on the person, but need not be a party to
proceedings relating to the application.

Division 7          Orders to give effect to strata renewal plans
Clause 181 provides that the court must hear and dispose of an application for an order in
proceedings before the court. This clause further provides for matters relating to mediation or
conciliation conferences ordered by the court in relation to an application. This clause also
provides that, if a strata renewal plan is varied at mediation or a conciliation conference, the court
must not make an order on the application unless the owner of each lot in relation to which a
support notice has been given for the plan agrees in writing to the variation and the owners
corporation has served notice of the variation on specified persons. This clause also specifies who
may be joined as a party to the proceedings.
Clause 182 provides that the court must make an order giving effect to a strata renewal plan if
satisfied of specified matters, and must not make an order if the court is not satisfied about those
matters. This clause further provides that the court may, on its own initiative, make minor
variations to a strata renewal plan with the written agreement of the owner of each lot in relation
to which a support notice has been given for the plan. This clause also requires the court to give



Page 19
Strata Schemes Development Bill 2015 [NSW]
Explanatory note



written reasons for its decision to make, or not to make, an order to give effect to a strata renewal
plan.
Clause 183 provides that, if the court makes an order to give effect to a strata renewal plan, the
order may include directions about specified matters. This clause also provides for lodgment of
the order with the Registrar-General, recording by the Registrar-General, and that the order has
effect when it is recorded.
Clause 184 specifies the effect of the court making an order to give effect to a strata renewal plan
for the collective sale of a strata scheme, including that the owner of each lot in the scheme must
sell the owner's lot in accordance with the order.
Clause 185 specifies the effect of the court making an order to give effect to a strata renewal plan
for a redevelopment of a strata scheme, including that each dissenting owner of a lot in the scheme
must sell the owner's lot in accordance with the order.
Clause 186 provides that the court may make ancillary orders relating to a strata renewal plan.
Clause 187 provides that an order of the court attaches to the parcel the subject of the application.
This clause specifies the persons who are bound by the order, including successors in title to the
owners.

Division 8          Miscellaneous
Clause 188 provides that the reasonable costs of proceedings for an application for an order to
give effect to a strata renewal plan that are incurred by a dissenting owner are payable by the
owners corporation. This clause further provides that the owners corporation can not levy a
contribution for any part of the costs on a dissenting owner. This clause also provides that other
matters relating to the costs of proceedings may be prescribed by the regulations.
Clause 189 provides that, if there is an inconsistency between a strata renewal plan and an order
of the court, the order prevails to the extent of the inconsistency.
Clause 190 provides that, if a strata renewal proposal or a strata renewal plan relating to a
proposal lapses, the proposal or a substantially similar proposal cannot be submitted under the
proposed Part within 12 months after proposal or plan lapses.

Part 11 Rates and charges relating to parcels
Clause 191 defines rate for the purposes of Part 11.
Clause 192 provides that rates, in relation to a lot comprised in a rateable parcel or a rateable part
of a parcel, must not be made or levied on the relevant owners corporation. This clause further
provides for how the rates are to be made or levied.
Clause 193 provides that a rate may not be made or levied in relation to certain lots in a strata plan
of subdivision or a plan that is registered for the purpose of effecting a resumption referred to in
Part 7 unless the resumption has been effected.
Clause 194 provides that charges or fees for specified water, sewerage, drainage or effluent
services rendered in relation to a parcel or part of a parcel otherwise than exclusively for the use
and benefit of a particular lot are payable by the relevant owners corporation. This clause further
provides for how the charges or fees are to be worked out.

Part 12 General
Clause 195 provides that duty is not payable under the Duties Act 1997 in relation to the
determination or partial determination of a lease under the proposed Act.
Clause 196 provides that persons lodging plans or other document in electronic form for the
purposes of the proposed Act must give the Registrar-General other specified documents if
required to do so by the Registrar-General.




Page 20
Strata Schemes Development Bill 2015 [NSW]
Explanatory note



Clause 197 provides for matters relating to the lodgment of plans and other documents in
electronic form for the purposes of the proposed Act.
Clause 198 provides that the Registrar-General may make particular records in the Register or a
folio by recording the matters the Registrar-General considers appropriate.
Clause 199 states that the proposed Act binds the Crown.
Clause 200 provides that the Secretary may delegate the exercise of the Secretary's functions
under the proposed Act.
Clause 201 provides that proceedings for an offence under the proposed Act are to be dealt with
summarily.
Clause 202 provides for the making of regulations for the purposes of the proposed Act.
Clause 203 repeals the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes
(Leasehold Development) Act 1986.
Clause 204 provides for a review of the proposed Act within 5 years of its assent.

Schedule 1              Requirements for plans
Schedule 1 sets out particular requirements of floor plans and location plans included with a
proposed strata plan, strata plan of subdivision or strata plan of consolidation.

Schedule 2              Requirements for schedules of unit entitlement
Schedule 2 sets out requirements with which a schedule of unit entitlement relating to a strata plan
or a strata plan of subdivision must comply.

Schedule 3              Covenants implied in strata development
                        contracts
Schedule 3 specifies covenants that are part of a strata development contract relating to a strata
scheme.

Schedule 4              Strata management statements
Schedule 4 sets out the matters that apply to a strata management statement, and with which a
strata management statement must comply.

Schedule 5              Rights and obligations implied in certain
                        easements
Schedule 5 specifies the rights and obligations conferred or imposed by an easement identified on
a plan that has been lodged in relation to a part strata parcel that is the subject of a strata scheme.

Schedule 6              Compensation payable on termination of
                        leasehold strata scheme
Schedule 6 sets out the formula for determining compensation payable in relation to the value of
improvements comprised in a parcel for a leasehold strata scheme that is terminated.

Schedule 7              Requirements for notices of meetings relating to
                        strata renewal process
Schedule 7 sets out the matters that must be included in notices of general meetings of an owners
corporation in relation to strata renewal proposals and strata renewal plans.


Page 21
Strata Schemes Development Bill 2015 [NSW]
Explanatory note



Schedule 8            Savings, transitional and other provisions
Schedule 8 contains savings, transitional and other provisions consequent on the enactment of the
proposed Act.

Schedule 9            Amendment of Acts
Schedule 9 makes consequential amendments to the Acts specified in the Schedule.




Page 22
                                                                                             First print




                                       New South Wales




Strata Schemes Development Bill 2015
Contents
                                                                                                  Page

Part 1          Preliminary
                Division 1      Introduction
                 1    Name of Act                                                                    2
                 2    Commencement                                                                   2
                 3    Main objects of Act                                                            2

                Division 2      Interpretation
                 4    Definitions                                                                    2
                 5    Contiguous land                                                                8
                 6    Boundaries of lot                                                              8
                 7    Meaning of "subdivision" of a lot or common property                           8
                 8    Relationship with Real Property Act 1900                                       8

Part 2          Creation of lots and common property in strata schemes
                Division 1      Strata plans
                 9    Subdivision of land by strata plan                                             9
                10    General requirements for strata plan                                           9
                11    Requirements for leasehold strata scheme                                      10
                12    Effect on leases of registration of strata plan for leasehold strata
                      scheme                                                                        10



b2013-124.d25
Strata Schemes Development Bill 2015 [NSW]
Contents

                                                                                               Page


            Division 2       Strata plans of subdivision and consolidation
             13    Subdivision of lots and common property                                      11
             14    Subdivision of development lot                                               12
             15    Consolidation of lots                                                        12
             16    Effect of registration of strata plan of subdivision or consolidation for
                   leasehold strata scheme                                                      12

            Division 3       Notices of conversion
             17    Conversion of lots into common property                                      13
             18    Effect of conversion of lots in leasehold strata scheme                      13

            Division 4       Building alteration plans
             19    Alteration of building affecting lot boundary                                14
             20    Registrar-General to give plan to local council                              14

            Division 5       Additional requirements for registration of plans
                             and notices
             21    Requirement for certificate of title for common property                     14
             22    Plans to be signed or consented to                                           15

            Division 6       Common property
             23    Dealing with common property--general                                         15
             24    Effect of creation of common property by registration of plans
                   or notices                                                                   15
             25    Acquisition of additional common property                                    16
             26    Registration and effect of dealings                                          16
             27    Surrender of lease or sublease of common property                            17
             28    Holding common property and dealing with lots and common
                   property                                                                     17
             29    Requirement for folio if no common property                                  17
             30    References to folios and certificates of title                               17
             31    Requirement for folio if there is common property                            18
             32    Recording particular matters relating to common property                     18
             33    Transfer or lease of common property                                         19
             34    Creation or variation of easements, restrictions and positive
                   covenants                                                                    19
             35    Dedication of common property                                                19
             36    Restrictions on dealings under this Division                                 20
             37    Effect of dealings under this Division                                       20

            Division 7       Miscellaneous
             38    Application of certain provisions of Conveyancing Act 1919                   21
             39    Encroachments shown on plans                                                 21
             40    When by-laws for strata scheme have effect                                   21

Part 3      Provisions relating to leases in leasehold strata schemes
            Division 1       Leases of lots and common property
             41    Provisions generally applicable to leases                                    22
             42    Dealings in lease of lot or common property                                  22
             43    Powers of lessor if no current lease                                         22


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Strata Schemes Development Bill 2015 [NSW]
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             44    Further leases of lots and common property                                 22
             45    Lessor may refuse to grant further leases                                  23

            Division 2       Re-entry or forfeiture of leases of lots
             46    Restriction on re-entry or forfeiture                                      23
             47    Order about re-entry or forfeiture                                         24

            Division 3       Conversion of leasehold strata schemes to freehold
                             strata schemes
             48    Procedure for conversion                                                   24
             49    Effect of merger of leasehold estate with lessor's reversion               25

Part 4      Strata certificates
            Division 1       Preliminary
             50    Definitions                                                                26
             51    Relationship with other Acts                                               26
             52    When relevant planning approval is in force                                26
             53    Who may apply for strata certificate                                       26

            Division 2       Issue of strata certificates by local councils
             54    Strata certificate for strata plans and subdivision of development lots    27
             55    Strata certificate for subdivision not involving development lot           28
             56    Strata certificate for notices of conversion                               28
             57    Restriction on issue of strata certificate                                 29

            Division 3       Issue of strata certificates by accredited certifiers
             58    Strata certificate for strata plans and subdivision of development lots    29
             59    Strata certificate for subdivision not involving development lot           30
             60    Strata certificate for notices of conversion                               30
             61    Restrictions on issue of strata certificate                                31

            Division 4       Strata certificates relating to encroachments onto
                             public places, and to utility lots
             62    Issue of strata certificates relating to encroachments                     31
             63    Restriction on use of utility lot                                          31
             64    Release of restriction on use of utility lot                               32

            Division 5       Notice of decisions and appeals
             65    Notice of decision                                                         32
             66    Appeal to Land and Environment Court                                       32

            Division 6       Application of Building Professionals Act 2005
             67    Accredited certifiers                                                      33
             68    Insurance of accredited certifiers                                         33

            Division 7       Miscellaneous
             69    Satisfaction about compliance with conditions precedent to issue
                   of strata certificates                                                     33
             70    Regulations                                                                34



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Strata Schemes Development Bill 2015 [NSW]
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                                                                                      Page


Part 5      Staged development
            Division 1       Preliminary
             71    Purpose and scope of Part                                           35
             72    Definitions                                                         35
             73    Explanation of staged development                                   35
             74    Meaning of "development concern"                                    35

            Division 2       Restriction on granting planning approval
             75    Obligations of planning authorities                                 36

            Division 3       Strata development contracts and registration of
                             contracts and amendments
             76    Form and content of strata development contract                     36
             77    Concept plan                                                        37
             78    Variation of liability for common property expenses                 37
             79    Signing and lodging strata development contract and amendments      37
             80    Registering strata development contract and amendments              38
             81    Effect of strata development contract                               38
             82    Use of common property and development lot by developer             39
             83    Adding land to a parcel subject to a strata development contract    39

            Division 4       Amendment of strata development contracts
             84    Amendment of strata development contract                            40
             85    Notice of particular decision, and appeal                           41
             86    Approval of amendments by Land and Environment Court                41

            Division 5       Provisions relating to development concerns
             87    Right to complete permitted development                             42
             88    Meetings of owners corporation relating to development concerns     42

            Division 6       Conclusion of development schemes
             89    When development scheme is concluded                                43
             90    Revised schedule of unit entitlement                                43
             91    Registrar-General to record matters about conclusion of
                   development scheme                                                  44
             92    Order for extension or conclusion of development scheme             44

            Division 7       Applications for assistance
             93    Application for assistance                                          45
             94    Investigation of application                                        45
             95    Application of Fair Trading Act 1987 to investigation               46
             96    Grant of legal assistance                                           46
             97    Resolution authorising application by owners corporation            46

            Division 8       Miscellaneous
             98    Functions of Secretary                                              47




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Strata Schemes Development Bill 2015 [NSW]
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                                                                                              Page


Part 6      Strata management statements and easements relating
            to part strata parcels
            Division 1       Strata management statements
             99    Requirement to register strata management statement                         48
            100    Form and content of strata management statement                             48
            101    Registration of strata management statement and amendment                   48
            102    Recording information about strata management statement in folios           48
            103    Amendment of strata management statement                                    49
            104    Signing of strata management statement and amendment                        49
            105    Effect of strata management statement                                       50

            Division 2       Easements
            106    Easements on registration of strata plan that creates part strata parcel    50
            107    Other easements in particular strata schemes                                51

            Division 3       Miscellaneous
            108    Registered building management statement taken to be strata
                   management statement                                                        52
            109    Obligation of lessee to comply with particular management
                   statements                                                                  52
            110    Obligation to give information about particular management
                   statements                                                                  52

Part 7      Compulsory acquisition of lots and common property
            111    Application of Part                                                         53
            112    Restriction on resumptions affecting parcels                                53
            113    Requirements for registration of plans to effect resumption                 53
            114    Effect of resumption                                                        54
            115    Readjustment of strata scheme for purposes of resumption                    54
            116    Costs                                                                       55
            117    Common property not to pass with lot or part of lot in certain
                   circumstances                                                               55
            118    Severance of lots by resumption                                             55
            119    Resumption by authority bound by Act                                        56
            120    Resumption by authority not bound by Act                                    56

Part 8      Particular functions of Registrar-General
            121    Registration of plans and other instruments                                 57
            122    Provisions applying to plans and certain other documents                    57
            123    Power to adjust unit entitlements                                           57
            124    Recordings about restrictive use conditions                                 58
            125    Prohibition on recordings in the Register in certain circumstances          58
            126    Certain recordings to be made by Registrar-General                          58
            127    Functions if resumed land remains in strata scheme                          59
            128    Functions if resumed land is excluded from strata scheme                    59




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Strata Schemes Development Bill 2015 [NSW]
Contents

                                                                                       Page


Part 9      Variation or termination of strata schemes
            Division 1       Preliminary
            129    Definitions                                                          60

            Division 2       Variation of strata schemes
            130    Application for order consequent on damage to or destruction
                   of building                                                          60
            131    Order to vary strata scheme                                          60
            132    When order takes effect                                              61
            133    Direction of court to treat application differently                  61
            134    Costs                                                                61

            Division 3       Termination of strata schemes by order of court
            135    Application for order to terminate strata scheme                     61
            136    Order to terminate strata scheme                                     62
            137    When order takes effect                                              63
            138    Effect of order                                                      63
            139    Dealing with disputes about value of improvements for leasehold
                   strata schemes                                                       63
            140    Direction of court to treat application differently                  64
            141    Costs                                                                64

            Division 4       Termination of strata schemes by Registrar-General
            142    Application to Registrar-General for termination of strata scheme    64
            143    Decision about terminating strata scheme                             65
            144    When order takes effect                                              65
            145    Registrar-General to record termination of strata scheme             65
            146    Effect of order for freehold strata scheme                           65
            147    Effect of order for leasehold strata scheme                          65

            Division 5       Termination of leasehold strata schemes on expiry
                             of leases
            148    Termination on expiry of leases                                      66
            149    Dispute about value of improvements                                  67
            150    Order to continue owners corporation for specified purposes          67

            Division 6       Miscellaneous
            151    Interchangeability of notices                                        68
            152    Consequences of making order                                         68

Part 10     Strata renewal process for freehold strata schemes
            Division 1       Preliminary
            153    Application and purpose of Part                                      69
            154    Definitions                                                          69
            155    Application of Strata Schemes Management Act 2015                    70

            Division 2       Strata renewal proposals
            156    Submission of strata renewal proposal                                70
            157    Strata committee to consider proposal                                70


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Strata Schemes Development Bill 2015 [NSW]
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                                                                                          Page


            158    Convening general meeting to consider proposal                          70
            159    Lapsing of proposal                                                     71

            Division 3       Establishment, membership, function, operation and
                             dissolution of strata renewal committees
            160    Establishment of committee                                              71
            161    Election of members                                                     71
            162    Notice of decision to establish committee                               72
            163    Vacation of office                                                      72
            164    Function and operation of committee                                     72
            165    Conflicts of interest                                                   73
            166    Period of operation of committee                                        73
            167    Dissolution of committee                                                73

            Division 4       Procedures of strata renewal committees
            168    Meetings and voting                                                     73
            169    Minutes and record of decisions                                         74

            Division 5       Strata renewal plans
            170    Content of strata renewal plan                                          74
            171    Requirements relating to sale of lots                                   75
            172    Consideration of plan by owners corporation                             75
            173    Copy of plan to be given to owners                                      75
            174    Notice of owner's decision to support plan                              76
            175    Withdrawal of support notice                                            76
            176    Notice if required level of support obtained                            76
            177    Lapsing of plan                                                         77

            Division 6       Applying for orders to give effect to strata renewal plans
            178    Decision to apply for order                                             77
            179    Application for order                                                   78
            180    Objection to application                                                79

            Division 7       Orders to give effect to strata renewal plans
            181    Hearing of application                                                  79
            182    Decision of court                                                       80
            183    Court order and directions                                              80
            184    Effect of order relating to collective sale                             81
            185    Effect of order relating to redevelopment                               81
            186    Ancillary orders                                                        82
            187    Order attaches to land and is binding                                   83

            Division 8       Miscellaneous
            188    Costs                                                                   83
            189    Relationship between orders and strata renewal plans                    83
            190    Limitation on submitting strata renewal proposal                        83

Part 11     Rates and charges relating to parcels
            191    Definition                                                              84
            192    Rating of lots                                                          84



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Strata Schemes Development Bill 2015 [NSW]
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                                                                                     Page


            193    Certain lots not rateable                                          84
            194    Charge or fee for services                                         84

Part 12     General
            195    Duty not payable for determination of lease                        86
            196    Notice to produce electronic form plans and other documents        86
            197    Application of Act to electronic form plans and other documents    86
            198    Recordings in Register or folios--generally                         87
            199    Act to bind Crown                                                  87
            200    Delegation by Secretary                                            87
            201    Proceedings for offences                                           87
            202    Regulations--general                                                87
            203    Repeal of Acts                                                     88
            204    Review of Act                                                      88

Schedule 1         Requirements for plans                                             89
Schedule 2         Requirements for schedules of unit entitlement                     90
Schedule 3         Covenants implied in strata development contracts                  92
Schedule 4         Strata management statements                                       94
Schedule 5         Rights and obligations implied in certain easements                96
Schedule 6         Compensation payable on termination of leasehold
                   strata scheme                                                      99
Schedule 7         Requirements for notices of meetings relating to
                   strata renewal process                                            100
Schedule 8         Savings, transitional and other provisions                        101
Schedule 9         Amendment of Acts                                                 104




Page 8
                                    New South Wales




Strata Schemes Development Bill 2015

No     , 2015


A Bill for
An Act to create freehold strata schemes and leasehold strata schemes; to provide for dealings with
lots and common property in the schemes and for varying, terminating and renewing the schemes;
and to repeal the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes
(Leasehold Development) Act 1986.
Strata Schemes Development Bill 2015 [NSW]
Part 1 Preliminary



The Legislature of New South Wales enacts:                                                               1


Part 1         Preliminary                                                                               2

Division 1           Introduction                                                                        3

 1    Name of Act                                                                                        4
               This Act is the Strata Schemes Development Act 2015.                                      5

 2    Commencement                                                                                       6
               This Act commences on a day or days to be appointed by proclamation.                      7

 3    Main objects of Act                                                                                8
               The main objects of this Act are to provide for:                                          9
               (a) the subdivision of land, including buildings, into cubic spaces to create             10
                    freehold strata schemes and leasehold strata schemes, and                            11
               (b) the way in which lots and common property in strata schemes may be dealt              12
                    with, and                                                                            13
               (c) the variation, termination and renewal of strata schemes.                             14

Division 2           Interpretation                                                                      15

 4    Definitions                                                                                        16
         (1)   In this Act:                                                                              17
               accepted lease or sublease means a lease or sublease, or a transfer of a lease or         18
               sublease, accepted by an owners corporation under section 25 (1).                         19
               accredited certifier--see section 67.                                                      20
               administration sheet means a document in the approved form that provides for              21
               administrative matters relating to the registration of plans under this Act.              22
               aggregate unit entitlement of lots in a strata scheme means the sum of the unit           23
               entitlements of the lots.                                                                 24
               approved form means a form approved by the Registrar-General for use under this           25
               Act.                                                                                      26
               building, in relation to a strata scheme or a proposed strata scheme, means a building    27
               containing a lot or proposed lot, or part of a lot or proposed lot, in the scheme or      28
               proposed scheme.                                                                          29
               building alteration plan means a plan that is registered as a building alteration plan,   30
               and includes any information, certificate or other document required by this Act or       31
               the regulations to be included with the plan before it may be registered.                 32
               by-laws for a strata scheme means the by-laws in force for the scheme.                    33
               chargee, in relation to a lot or development lot in a leasehold strata scheme, means a    34
               chargee of the leasehold estate of the lot.                                               35
               common infrastructure means:                                                              36
                (a) the cubic space occupied by a vertical structural member of a building, other        37
                      than a wall, or                                                                    38
               (b) the pipes, wires, cables or ducts that are not for the exclusive benefit of one lot   39
                      and are:                                                                           40
                       (i) in a building in relation to which a plan for registration as a strata plan   41
                             was lodged with the Registrar-General before 1 March 1986, or               42



Page 2
Strata Schemes Development Bill 2015 [NSW]
Part 1 Preliminary



                   (ii) otherwise--in a building or in a part of a parcel that is not a building, or       1
             (c) the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts          2
                   referred to in paragraph (b).                                                          3
            common property, in relation to a strata scheme or a proposed strata scheme, means            4
            any part of a parcel that is not comprised in a lot (including any common                     5
            infrastructure that is not part of a lot).                                                    6
            common property rights by-law has the same meaning as it has in the Strata Schemes            7
            Management Act 2015.                                                                          8
            community scheme has the same meaning as it has in the Community Land                          9
            Development Act 1989.                                                                         10
            company nominee of a corporation has the same meaning as it has in the Strata                 11
            Schemes Management Act 2015.                                                                  12
            covenant chargee of a lot or development lot in a leasehold strata scheme means a             13
            covenant chargee of the leasehold estate of the lot.                                          14
            current plan means a current plan as defined in section 7A of the Conveyancing Act            15
            1919 that is registered, other than a strata plan, a strata plan of subdivision or a strata   16
            plan of consolidation.                                                                        17
            current plan lot--see section 9 (4).                                                           18
            Department means the Department of Finance, Services and Innovation.                          19
            developer of a strata scheme constituted on registration of a strata plan proposed            20
            under a development scheme means the person who, for the time being, is:                      21
             (a) the original owner of the strata scheme, or                                              22
            (b) a person, other than the original owner, who is the owner of a development lot            23
                   within the strata plan.                                                                24
            development has the same meaning as it has in the Environmental Planning and                  25
            Assessment Act 1979.                                                                          26
            development concern--see section 74.                                                           27
            development lot means a lot in a strata plan or strata plan of subdivision that is            28
            identified by a strata development contract as a lot that is to be the subject of a strata    29
            plan of subdivision under the development scheme for the contract.                            30
            development scheme means the scheme of development provided for, and                          31
            represented by, a strata development contract.                                                32
            drainage reserve means land that is held by a local council for drainage purposes             33
            under section 49 of the Local Government Act 1993.                                            34
            floor includes a stairway or ramp.                                                            35
            floor area of a lot means the area occupied on a horizontal plane by the base of the          36
            cubic space of the lot.                                                                       37
            floor plan means a plan that:                                                                 38
             (a) defines by lines (each a base line) the base of the vertical boundaries of each          39
                   cubic space forming the whole of a proposed lot, or the whole of a part of a           40
                   proposed lot, to which the plan relates, and                                           41
            (b) shows:                                                                                    42
                    (i) the floor area of each proposed lot, and                                          43
                   (ii) if a proposed lot has more than one part--the floor area of each part              44
                          together with the aggregate of the floor areas of the parts, and                45
             (c) if a proposed lot or part of a proposed lot is superimposed on another proposed          46
                   lot or part--shows the separate base lines of the proposed lots or parts, by            47
                   reference to floors or levels, in the order in which the superimposition occurs.       48




Page 3
Strata Schemes Development Bill 2015 [NSW]
Part 1 Preliminary



            folio means:                                                                                   1
             (a) in relation to a lot or common property in a freehold strata scheme, a folio of           2
                    the Register for the lot or common property, or                                        3
            (b) in relation to a lot or common property in a leasehold strata scheme, a folio of           4
                    the Register for a lease of the lot or common property.                                5
            freehold strata scheme means a strata scheme in which no lots or common property               6
            in the scheme are subject to a lease or leases referred to in section 11.                      7
            function includes a power, authority or duty, and exercise a function includes                 8
            perform a duty.                                                                                9
            initial period has the same meaning as it has in the Strata Schemes Management Act             10
            2015.                                                                                          11
            leasehold strata scheme means a strata scheme in which all lots and common                     12
            property in the scheme are subject to a lease or leases referred to in section 11.             13
            lessee, in relation to a lot, development lot or common property in a leasehold strata         14
            scheme, means the lessee of the leasehold estate under a lease registered on the folio         15
            for the lot, development lot or common property, but does not include an owner of a            16
            lot.                                                                                           17
            lessor of a leasehold strata scheme means the person who holds the fee simple in the           18
            lots and common property in the scheme.                                                        19
            liabilities of an owners corporation in relation to the termination of a strata scheme         20
            under Part 9 or 10 means any liabilities, debts or obligations of the owners                   21
            corporation (whether present or future, whether vested or contingent and whether               22
            personal or assignable).                                                                       23
            local council, in relation to land, means:                                                     24
             (a) the council of the area under the Local Government Act 1993 in which the land             25
                    is situated, or                                                                        26
            (b) a person declared by the regulations to be the local council for the land for the          27
                    purposes of this Act or any specified provision of this Act.                           28
            location plan means a plan that:                                                               29
             (a) relates to land the subject of a proposed strata scheme, and                              30
            (b) if the scheme does not relate to a proposed part strata parcel--delineates the              31
                    perimeter of the land and the location, in relation to the perimeter, of each:         32
                     (i) building on the land, and                                                         33
                    (ii) proposed lot or part of a proposed lot not within a building, and                 34
             (c) if the scheme relates to a proposed part strata parcel:                                   35
                     (i) delineates the perimeter of the site of the building of which the proposed        36
                           part strata parcel forms part and the location, in relation to the perimeter,   37
                           of the building and proposed part strata parcel, and                            38
                    (ii) delineates the location, in relation to the perimeter of the proposed part        39
                           strata parcel, of the part of the building the subject of the proposed strata   40
                           scheme and each proposed lot or part of a proposed lot not within the           41
                           building, and                                                                   42
            (d) shows the particulars prescribed by the regulations.                                       43
            lodge means lodge in the office of the Registrar-General.                                      44
            lot, in relation to a strata scheme, means one or more cubic spaces shown as a lot on          45
            a floor plan relating to the scheme, but does not include any common infrastructure,           46
            unless the common infrastructure is described on the plan, in the way prescribed by            47
            the regulations, as a part of the lot.                                                         48




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            mortgagee, in relation to a lot or development lot in a leasehold strata scheme, means         1
            a mortgagee of the leasehold estate of the lot.                                                2
            notice of conversion means a notice that is registered as a notice of conversion, and          3
            includes any information, certificate or other document required by this Act or the            4
            regulations to be included with the notice before it may be registered.                        5
            notice of resumption means a notice, notification or other instrument publication of           6
            which vests land described in the notice, notification or instrument in a resuming             7
            authority by way of resumption.                                                                8
            occupier of a lot means a person in lawful occupation of the lot.                              9
            original owner:                                                                                10
             (a) of a freehold strata scheme means the person who held the fee simple in the               11
                  parcel the subject of the scheme when the strata plan for the scheme was                 12
                  registered, or                                                                           13
            (b) of a leasehold strata scheme means the person who, immediately after                       14
                  registration of the strata plan for the scheme, is entitled to a leasehold estate in     15
                  all the lots in the scheme or is entitled to a leasehold estate in 2 or more lots in     16
                  the scheme with total unit entitlements exceeding more than two-thirds of the            17
                  aggregate unit entitlement of the lots in the scheme.                                    18
            owner of a lot in a strata scheme means a person for the time being recorded in the            19
            Register as entitled to an estate in fee simple in the lot (in the case of a freehold strata   20
            scheme) or as entitled to a leasehold estate in the lot (in the case of a leasehold strata     21
            scheme), but does not include a sublessee of a lot in a leasehold strata scheme.               22
            Note. Under section 43 (1), a lessor of a leasehold strata scheme may be taken to be the       23
            owner of a lot in the scheme if the lessor is entitled to immediate possession of the lot.     24
            owners corporation of a strata scheme means the owners corporation constituted                 25
            under the Strata Schemes Management Act 2015 for the scheme.                                   26
            parcel means:                                                                                  27
            (a) in relation to a strata scheme, the land comprising the lots and common                    28
                   property in the scheme, or                                                              29
            (b) in relation to a plan lodged for registration as a strata plan, the land comprised         30
                   in the plan.                                                                            31
            part strata parcel means a parcel created by a subdivision permitted by                        32
            section 9 (1) (b).                                                                             33
            planning approval means:                                                                       34
            (a) a development consent within the meaning of the Environmental Planning and                 35
                   Assessment Act 1979, or                                                                 36
            (b) an approval under Part 3A or Part 5.1 of that Act.                                         37
            planning authority, in relation to a planning approval, means the entity or person             38
            authorised under the Environmental Planning and Assessment Act 1979 to grant the               39
            approval.                                                                                      40
            positive covenant means a positive covenant imposed on land under section 88D                  41
            or 88E of the Conveyancing Act 1919.                                                           42
            public place means land that is a drainage reserve, public reserve or public road.             43
            public reserve has the same meaning as it has in the Local Government Act 1993.                44
            public road has the same meaning as it has in the Roads Act 1993.                              45
            qualified valuer means a person who:                                                           46
            (a) has membership of the Australian Valuers Institute (other than associate or                47
                   student membership), or                                                                 48




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             (b)   has membership of the Australian Property Institute (other than student or         1
                   provisional membership), acquired in connection with his or her occupation as      2
                   a valuer, or                                                                       3
             (c) has membership of the Royal Institution of Chartered Surveyors as a chartered        4
                   valuer, or                                                                         5
            (d) is of a class prescribed by the regulations.                                          6
            registered means registered in the office of the Registrar-General.                       7
            registered building management statement has the same meaning as it has in                8
            section 196C of the Conveyancing Act 1919.                                                9
            registered land surveyor means a person who is registered as a land surveyor under        10
            the Surveying and Spatial Information Act 2002.                                           11
            relevant planning approval that is in force--see section 52.                               12
            replacement lease for a proposed strata plan of subdivision or strata plan of             13
            consolidation in relation to a leasehold strata scheme means a lease:                     14
             (a) relating to a proposed lot comprised in the plan, and                                15
            (b) containing provisions to the effect that the lease is in substitution for a lease     16
                   determined or otherwise affected by the proposed subdivision or                    17
                   consolidation, and                                                                 18
             (c) having terms all of which are expressed to commence on registration of the           19
                   plan and to expire at the same time as any lease to be determined, and             20
            (d) if the lease confers rights of renewal--having the same renewal terms as any           21
                   lease to be determined.                                                            22
            restrictive use condition--see section 63.                                                 23
            resuming authority means an entity that may resume land by way of resumption.             24
            resumption means the compulsory acquisition of land under an Act or an Act of the         25
            Commonwealth authorising compulsory acquisition of land.                                  26
            rights of an owners corporation in relation to the termination of a strata scheme under   27
            Part 9 or 10 means any rights or powers of the owners corporation (whether present        28
            or future, whether vested or contingent and whether personal or assignable).              29
            schedule of unit entitlement, in relation to a strata scheme, means the schedule          30
            recorded as the schedule of unit entitlement in the folio for the common property in      31
            the scheme.                                                                               32
            Secretary means the Secretary of the Department.                                          33
            special resolution has the same meaning as it has in the Strata Schemes Management        34
            Act 2015.                                                                                 35
            statutory interest means a charge or other proprietary interest (whether or not it is     36
            recorded in the Register) that:                                                           37
             (a) is created by an Act or an Act of the Parliament of the Commonwealth, and            38
            (b) affects a lot or common property, and                                                 39
             (c) is enforceable against an owner of the lot or an owners corporation.                 40
            strata certificate means a certificate in the approved form issued under Part 4 that      41
            authorises the registration of a strata plan, strata plan of subdivision or notice of     42
            conversion.                                                                               43
            strata committee of an owners corporation means the strata committee of the owners        44
            corporation under the Strata Schemes Management Act 2015.                                 45
            strata development contract means a strata development contract registered under          46
            Part 5.                                                                                   47




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               strata management statement means a strata management statement that complies               1
               with section 100.                                                                           2
               strata plan means a plan that is registered as a strata plan, and includes any              3
               information, certificate or other document required by this Act or the regulations to       4
               be included with the plan before it may be registered.                                      5
               strata plan of consolidation means a plan that is registered as a strata plan of            6
               consolidation, and includes any information, certificate or other document required         7
               by this Act or the regulations to be included with the plan before it may be registered.    8
               strata plan of subdivision means a plan that is registered as a strata plan of               9
               subdivision, and includes any information, certificate or other document required by        10
               this Act or the regulations to be included with the plan before it may be registered.       11
               strata roll has the same meaning as it has in the Strata Schemes Management Act             12
               2015.                                                                                       13
               strata scheme means:                                                                        14
                (a) the way a parcel is subdivided under this Act into lots or lots and common             15
                       property, and                                                                       16
               (b) the way unit entitlements are allocated under this Act among the lots, and              17
                (c) the rights and obligations, between themselves, of owners of lots, other               18
                       persons having proprietary interests in or occupying the lots and the owners        19
                       corporation, as conferred or imposed under this Act or the Strata Schemes           20
                       Management Act 2015.                                                                21
               subdivision of a lot or common property--see section 7.                                      22
               surveyor's certificate, in relation to a proposed strata plan, strata plan of subdivision   23
               or strata plan of consolidation, means a certificate in the approved form given by a        24
               registered land surveyor and certifying that each applicable requirement of                 25
               Schedule 1 for the proposed strata plan, strata plan of subdivision or strata plan of       26
               consolidation has been met.                                                                 27
               unanimous resolution has the same meaning as it has in the Strata Schemes                   28
               Management Act 2015.                                                                        29
               unit entitlement of a lot in a strata scheme means the unit entitlement of the lot          30
               shown on the schedule of unit entitlement for the scheme.                                   31
               utility lot has the same meaning as it has in the Strata Schemes Management Act             32
               2015.                                                                                       33
               valuer's certificate, in relation to a proposed schedule of unit entitlement, means a       34
               certificate of valuation in the approved form given by a qualified valuer and               35
               certifying that the unit entitlements of lots to which the proposed schedule of unit        36
               entitlement relates are apportioned as required under Schedule 2.                           37
               wall includes a door, window or other structure dividing a lot:                             38
                (a) from common property or another lot, or                                                39
               (b) if the lot is a lot in a part strata parcel--from a part of a building that is not       40
                       within the parcel.                                                                  41
               water supply authority means:                                                               42
                (a) the Sydney Water Corporation, the Hunter Water Corporation or a water                  43
                       supply authority within the meaning of the Water Management Act 2000, or            44
               (b) a council or county council exercising water supply, sewerage or stormwater             45
                       drainage functions under Division 2 of Part 3 of Chapter 6 of the Local             46
                       Government Act 1993.                                                                47
         (2)   Notes included in this Act do not form part of this Act.                                    48




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 5    Contiguous land                                                                                    1
               In this Act, land is contiguous to other land even if it is divided, or separated from    2
               the other land, by a natural feature (for example, a watercourse), a railway, a road, a   3
               public reserve or a drainage reserve.                                                     4

 6    Boundaries of lot                                                                                  5
         (1)   For the purposes of this Act, the boundaries of a lot shown on a floor plan are:          6
               (a) except as provided by paragraph (b):                                                  7
                       (i) for a vertical boundary in which the base of a wall corresponds               8
                           substantially with a base line--the inner surface of the wall, and             9
                      (ii) for a horizontal boundary in which a floor or ceiling joins a vertical        10
                           boundary of the lot--the upper surface of the floor and the under surface      11
                           of the ceiling, or                                                            12
               (b) the boundaries described on the floor plan relating to the lot, in the way            13
                     prescribed by the regulations, by reference to a wall, floor or ceiling in a        14
                     building to which the plan relates or to common infrastructure within the           15
                     building.                                                                           16
         (2)   In this section:                                                                          17
               base line--see paragraph (a) of the definition of floor plan in section 4 (1).             18

 7    Meaning of "subdivision" of a lot or common property                                               19
         (1)   In this Act, subdivision of a lot or common property means the alteration of the          20
               boundaries of:                                                                            21
                (a) one or more lots to create only 2 or more different lots, or                         22
               (b) one or more lots to create one or more different lots and common property, or         23
                (c) one or more lots and common property to create one or more different lots or         24
                      one or more different lots and common property, or                                 25
               (d) common property to create one or more lots.                                           26
         (2)   However, subdivision of a lot or common property does not include the                     27
               consolidation of 2 or more lots into one lot or the conversion of one or more lots into   28
               common property.                                                                          29

 8    Relationship with Real Property Act 1900                                                           30
         (1)   This Act is to be read and interpreted with the Real Property Act 1900 as if it formed    31
               part of that Act, and that Act applies to lots and common property in the same way        32
               as it applies to other land.                                                              33
         (2)   However, if a provision of this Act is inconsistent with a provision of the Real          34
               Property Act 1900, this Act prevails to the extent of the inconsistency.                  35
         (3)   Words and expressions used in this Act have the same meanings as in the Real              36
               Property Act 1900 unless they are defined differently in this Act or the context or       37
               subject-matter otherwise indicates or requires.                                           38




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Part 2         Creation of lots and common property in strata                                                  1
               schemes                                                                                         2

Division 1            Strata plans                                                                             3

  9   Subdivision of land by strata plan                                                                       4
         (1)   The following land may be subdivided into lots, or lots and common property, by the             5
               registration of a plan as a strata plan:                                                        6
                (a) land including the whole of a building and consisting of one current plan lot or           7
                      2 or more contiguous current plan lots,                                                  8
               (b) land including part only of a building and consisting of one current plan lot or             9
                      2 or more current plan lots (whether contiguous or not).                                 10
         (2)   For the purpose of creating a leasehold strata scheme, land that is subject to a lease          11
               or leases may be subdivided under this section.                                                 12
         (3)   Land that is a development lot in a strata plan cannot be subdivided under this                 13
               section.                                                                                        14
               Note. See section 14 for subdivision of land that is a development lot.                         15
         (4)   In this section:                                                                                16
               current plan lot means an existing lot within the meaning of the Conveyancing Act               17
               1919, other than a lot as defined in this Act.                                                  18
               land means land under the Real Property Act 1900 that is held in fee simple, other              19
               than land comprised in a limited folio or qualified folio.                                      20

10    General requirements for strata plan                                                                     21
         (1)   A plan intended to be registered as a strata plan must:                                         22
               (a) include a location plan, a floor plan and an administration sheet, and                      23
               (b) specify or be accompanied by proposed by-laws as follows:                                   24
                      (i) if model by-laws are proposed to be adopted for the strata scheme--                   25
                           specify the model by-laws to be adopted and, if the model by-laws                   26
                           include any alternative versions of any by-law, specify the version to be           27
                           adopted,                                                                            28
                     (ii) if by-laws other than model by-laws are proposed to be adopted for the               29
                           strata scheme--be accompanied by a copy of the other by-laws in the                  30
                           approved form and signed by the persons required to sign the plan under             31
                           section 22 (1), and                                                                 32
                             Note. For the matters in relation to which by-laws other than model by-laws may   33
                             be made, see Part 7 of the Strata Schemes Management Act 2015.                    34
               (c)    if the proposed strata plan is intended to create a development lot--be                   35
                      accompanied by:                                                                          36
                       (i) the strata development contract relating to the lot, and                            37
                      (ii) the certificate of the planning authority given under section 75 (2),               38
                             unless the plan is lodged by the Crown, and                                       39
               (d)    if the proposed strata plan is intended to create a part strata parcel--be                40
                      accompanied by a strata management statement, unless the requirement for a               41
                      strata management statement is waived under section 99 (2), and                          42
               (e)    indicate whether the proposed strata plan is intended to create a freehold strata        43
                      scheme or a leasehold strata scheme.                                                     44




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       (2)   If the floor plan for the proposed strata scheme does not provide for common                  1
             property, the floor plan must show that at least one, or part of one, of the proposed         2
             lots is superimposed on another, or part of another, of the proposed lots.                    3
       (3)   The administration sheet for the proposed strata scheme must include the following:           4
             (a) a proposed schedule of unit entitlement relating to the scheme that complies              5
                   with clause 2 of Schedule 2,                                                            6
             (b) the address for service of documents on the proposed owners corporation,                  7
             (c) a strata certificate for the proposed strata plan,                                        8
             (d) a surveyor's certificate for the proposed strata plan,                                    9
             (e) a valuer's certificate for the proposed schedule of unit entitlement,                     10
              (f) any other information or document prescribed by the regulations.                         11
             Note. Subsection (3) (c) does not apply to a plan lodged by the Crown. See section 199 (2).   12
       (4)   The Registrar-General may refuse to register a plan as a strata plan if the                   13
             Registrar-General considers that the boundaries of the land over which the plan is to         14
             be registered are not sufficiently defined in a plan registered under Division 3 of           15
             Part 23 of the Conveyancing Act 1919.                                                         16
       (5)   In this section:                                                                              17
             model by-law means a model by-law prescribed by the regulations under the Strata              18
             Schemes Management Act 2015.                                                                  19

11    Requirements for leasehold strata scheme                                                             20
       (1)   If a proposed strata plan is intended to create a leasehold strata scheme, the                21
             Registrar-General must not register the plan unless:                                          22
              (a) separate leases for, or that correspond to, each lot and the common property             23
                   shown on the plan are registered, or have been lodged for registration, under           24
                   the Real Property Act 1900, and                                                         25
             (b) the separate leases are all expressed to expire at the same time and, if the leases       26
                   confer rights of renewal, the renewal terms are the same, and                           27
              (c) if the separate leases have been lodged for registration under the Real Property         28
                   Act 1900--the terms of the leases are all expressed to commence on                       29
                   registration of the plan.                                                               30
       (2)   A plan that, under this Act, is lodged for registration as a strata plan for a leasehold      31
             strata scheme and is required to be accompanied by a lease or leases to be registered         32
             under the Real Property Act 1900 is taken to have been registered only when the lease         33
             or leases are registered under that Act.                                                      34

12    Effect on leases of registration of strata plan for leasehold strata scheme                          35
       (1)   Subsection (2) applies if, immediately before registration of a strata plan for a             36
             leasehold strata scheme, the whole of the parcel was subject to a lease or leases             37
             registered under the Real Property Act 1900 (each a registered lease) and intended            38
             to be wholly or partly replaced by leases (each a replacement lease) of the lots and          39
             the common property shown on the plan.                                                        40
       (2)   On registration of the strata plan:                                                           41
             (a) each registered lease is determined (each a determined lease) to the extent it            42
                   related to the lots and common property, and                                            43
             (b) any estate, interest or caveat affecting a determined lease affects a replacement         44
                   lease to the extent it relates to the lots, and                                         45




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              (c)   all rights and obligations of the lessee, under a determined lease, existing         1
                    immediately before the registration continue to be exercisable, or may be            2
                    discharged, by that lessee as if the lease had not been determined, other than       3
                    to the extent that the rights and obligations are:                                   4
                     (i) inconsistent with the provisions of a replacement lease, or                     5
                    (ii) varied by the relevant parties.                                                 6
       (3)   Subsection (4) applies if, immediately before registration of a plan as a strata plan for    7
             a leasehold strata scheme, the parcel was subject to 2 or more registered leases             8
             intended to subsist after registration of the plan as leases of the lots shown on the        9
             plan.                                                                                       10
       (4)   On registration of the strata plan:                                                         11
             (a) each lease that, immediately before the registration, was a lease of a part of the      12
                   parcel that corresponds to a lot shown on the plan becomes a lease of that lot        13
                   for the remainder of the term of the lease, subject to any estate, interest or        14
                   caveat affecting the lease immediately before the registration, and                   15
             (b) if any part of the parcel comprised in the plan is shown as common property,            16
                   a lease affecting that part immediately before the registration is determined to      17
                   the extent it relates to the common property.                                         18

Division 2          Strata plans of subdivision and consolidation                                        19

13    Subdivision of lots and common property                                                            20
       (1)   A lot or common property may be subdivided by the registration of a plan as a strata        21
             plan of subdivision.                                                                        22
       (2)   In subsection (1):                                                                          23
             common property does not include common property the subject of an accepted lease           24
             or sublease.                                                                                25
             lot does not include a development lot.                                                     26

       (3)   The plan must:                                                                              27
             (a) include a location plan (if required by the Registrar-General), a floor plan and        28
                   an administration sheet, and                                                          29
             (b) if the plan is for a leasehold strata scheme--be accompanied by the                      30
                   replacement leases for the plan.                                                      31
       (4)   If land comprised in the plan is held by the original owner of the strata scheme, the       32
             plan must not be registered unless:                                                         33
              (a) the initial period has expired, or                                                     34
             (b) the original owner owns all lots in the scheme, or                                      35
              (c) an order has been made under section 27 of the Strata Schemes Management               36
                    Act 2015 authorising the registration of the plan.                                   37
       (5)   If the proposed strata plan of subdivision is intended to subdivide common property         38
             to which a common property rights by-law relates, the by-law must be repealed or            39
             amended so it does not relate to the common property intended to be subdivided.             40
       (6)   The administration sheet for the plan must include the following:                           41
             (a) a proposed schedule of unit entitlement relating to the strata scheme that              42
                   complies with clause 3 or 4 of Schedule 2,                                            43
             (b) a strata certificate for the proposed strata plan of subdivision,                       44
             (c) a surveyor's certificate for the proposed strata plan of subdivision,                   45



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             (d)    a valuer's certificate for the proposed schedule of unit entitlement,                  1
             (e)    any other information or document prescribed by the regulations.                       2
             Note. Subsection (6) (b) does not apply to a plan lodged by the Crown. See section 199 (2).   3

14    Subdivision of development lot                                                                       4
       (1)   A development lot may be subdivided into lots, or lots and common property, by the            5
             registration of a plan as a strata plan of subdivision that complies with the relevant        6
             development contract.                                                                         7
       (2)   The plan must:                                                                                8
             (a) include a location plan, a floor plan and an administration sheet, and                    9
             (b) if the plan is for a leasehold strata scheme--be accompanied by the                        10
                   replacement leases for the plan.                                                        11
       (3)   The administration sheet for the plan must include the following:                             12
             (a) a proposed schedule of unit entitlement relating to the strata scheme that                13
                   complies with clause 5 of Schedule 2,                                                   14
             (b) a strata certificate for the proposed strata plan of subdivision,                         15
             (c) a surveyor's certificate for the proposed strata plan of subdivision,                     16
             (d) a valuer's certificate for the proposed schedule of unit entitlement,                     17
             (e) any other information or document prescribed by the regulations.                          18
             Note. Subsection (3) (b) does not apply to a plan lodged by the Crown. See section 199 (2).   19
       (4)   In this section:                                                                              20
             lot includes a development lot.                                                               21

15    Consolidation of lots                                                                                22
       (1)   Two or more lots may be consolidated into one lot by the registration of a plan as a          23
             strata plan of consolidation.                                                                 24

       (2)   The plan must:                                                                                25
             (a) include an administration sheet, and                                                      26
             (b) if the plan is for a leasehold strata scheme--be accompanied by the                        27
                   replacement leases for the plan.                                                        28

       (3)   The administration sheet for the plan must include a surveyor's certificate for the           29
             proposed strata plan of consolidation.                                                        30
       (4)   Subsection (5) applies in relation to the consolidation of lots if the owners                 31
             corporation of the strata scheme:                                                             32
             (a) agrees to the consolidation by special resolution, and                                    33
             (b) signs the proposed strata plan of consolidation.                                          34
       (5)   Any common property in a wall, floor or ceiling that is a boundary between any of             35
             the lots being consolidated ceases to be common property and vests in the owner of            36
             the consolidated lot on registration of the plan as a strata plan of consolidation.           37

16    Effect of registration of strata plan of subdivision or consolidation for leasehold                  38
      strata scheme                                                                                        39
       (1)   On the registration of a plan as a strata plan of subdivision or strata plan of               40
             consolidation for a leasehold strata scheme:                                                  41
             (a) a lease of a development lot, or other lot the subject of the subdivision or              42
                   consolidation, is determined (each a determined lease), and                             43



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             (b)    a lease of common property ceases to apply to a lot created by the subdivision           1
                    or consolidation, and                                                                    2
              (c)   any estate, interest or a caveat affecting a determined lease affects the                3
                    replacement leases accompanying the plan to the extent they relate to lots, and          4
             (d)    the leasehold estate in any common property created vests in the owners                  5
                    corporation as lessee for the remainder of the term of the lease of the common           6
                    property, and                                                                            7
              (e)   all rights and obligations of the lessee, under a determined lease, existing              8
                    immediately before the registration continue to be exercisable, or may be                 9
                    discharged, by the lessee as if the lease had not been determined, other than to         10
                    the extent that the rights and obligations are:                                          11
                     (i) inconsistent with the provisions of a replacement lease, or                         12
                    (ii) extinguished or varied by the relevant parties.                                     13
       (2)   A plan that, under this Act, is lodged for registration as a strata plan of subdivision         14
             for a leasehold strata scheme and is required to be accompanied by a lease or leases            15
             to be registered under the Real Property Act 1900 is taken to have been registered              16
             only when the lease or leases are registered under that Act.                                    17

Division 3          Notices of conversion                                                                    18

17    Conversion of lots into common property                                                                19
       (1)   One or more lots in a strata scheme may be converted into common property by the                20
             registration of a notice as a notice of conversion, if the owners corporation, by special       21
             resolution, authorises the proposed conversion.                                                 22
       (2)   The notice must:                                                                                23
             (a) be in the approved form, and                                                                24
             (b) be signed by:                                                                               25
                    (i) the owners corporation, and                                                          26
                   (ii) the owner of the lot or lots to be converted, and                                    27
                  (iii) if the notice is for a leasehold strata scheme--the lessor of the strata              28
                         scheme, and                                                                         29
             (c) be accompanied by a strata certificate for the notice of conversion.                        30
             Note. Subsection (2) (c) does not apply to a notice lodged by the Crown. See section 199 (2).   31
       (3)   However, if part or all of the land to be converted is held by the original owner, the          32
             notice must not be registered unless:                                                           33
             (a) the initial period has expired, or                                                          34
             (b) the original owner owns all lots in the strata scheme, or                                   35
             (c) an order has been made under section 27 of the Strata Schemes Management                    36
                    Act 2015 authorising the registration of the notice.                                     37
       (4)   Also, the Registrar-General must not register a notice of conversion unless each                38
             mortgage, charge, covenant charge, lease, caveat or writ recorded in the folio for the          39
             lot or lots to be converted has been discharged, surrendered, withdrawn or otherwise            40
             disposed of.                                                                                    41

18    Effect of conversion of lots in leasehold strata scheme                                                42
             On the registration of a notice of conversion for a leasehold strata scheme:                    43
             (a) the lease of a lot converted into common property is determined, and                        44




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             (b)    the lot vests in the owners corporation as lessee for the remainder of the term     1
                    specified in the lease of the common property.                                      2

Division 4          Building alteration plans                                                           3

19    Alteration of building affecting lot boundary                                                     4
       (1)   This section applies if a building of a strata scheme is altered:                          5
             (a) by demolishing a wall, floor, ceiling or common infrastructure, and a                  6
                   boundary of a lot was, immediately before the alteration:                            7
                     (i) the inner surface or any part of the wall, the upper surface or any part of    8
                          the floor or the under surface or any part of the ceiling, or                 9
                    (ii) defined in terms of or by reference to the wall, floor, ceiling or common      10
                          infrastructure, or                                                            11
             (b) by constructing a wall, floor or ceiling so that a boundary of a lot coincides         12
                   with the inner surface or any part of the wall, the upper surface or any part of     13
                   the floor or the under surface or any part of the ceiling.                           14
       (2)   The owner of the lot must, within one month after the demolition or construction is        15
             completed, lodge a plan complying with subsection (3) for registration as a building       16
             alteration plan.                                                                           17
             Maximum penalty: 5 penalty units.                                                          18
       (3)   The plan must:                                                                             19
             (a) define by lines the base of each vertical boundary of the lot after the alteration     20
                   of the building, and                                                                 21
             (b) include an administration sheet.                                                       22
       (4)   The administration sheet must include:                                                     23
             (a) a certificate in the approved form given by a registered land surveyor                 24
                   certifying that:                                                                     25
                    (i) the wall, floor, ceiling or common infrastructure has been demolished           26
                          or constructed, and                                                           27
                   (ii) any wall, floor or ceiling referred to in subsection (1) (b) is wholly          28
                          within the perimeter of the parcel other than to the extent of any            29
                          encroachment onto a public place or, if any part of the building              30
                          encroaches on land other than a public place, that an appropriate             31
                          easement exists, and                                                          32
             (b) any other information or document prescribed by the regulations.                       33

20    Registrar-General to give plan to local council                                                   34
       (1)   On the registration of a building alteration plan showing an encroachment onto a           35
             public place, the Registrar-General must give a copy of the plan to the local council      36
             for the place.                                                                             37
       (2)   The copy may be on a scale that is different from the original plan.                       38

Division 5          Additional requirements for registration of plans and notices                       39

21    Requirement for certificate of title for common property                                          40
       (1)   The Registrar-General may refuse to register a proposed strata plan of subdivision,        41
             strata plan of consolidation, notice of conversion or building alteration plan unless it   42
             is accompanied by the certificate of title for the common property in the strata           43
             scheme.                                                                                    44



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       (2)   The Registrar-General may waive the requirement for the certificate of title under         1
             subsection (1) if:                                                                         2
             (a) the proposed plan or notice does not affect common property, and                       3
             (b) within 21 days after written notice served on the owners corporation by the            4
                   person lodging the plan or notice, the certificate of title has not been lodged or   5
                   an application under section 111 of the Real Property Act 1900 for a new             6
                   certificate of title has not been made.                                              7

22    Plans to be signed or consented to                                                                8
       (1)   The Registrar-General must not register a plan as a strata plan unless it is signed by      9
             all of the following:                                                                      10
             (a) the registered proprietor of the land comprised in the plan,                           11
             (b) each registered mortgagee, chargee or covenant chargee of the land,                    12
             (c) if the plan is for a leasehold strata scheme:                                          13
                      (i) each lessee under a registered lease of the land or part of it, and           14
                     (ii) each registered mortgagee or chargee under a mortgage of, or charge           15
                            affecting, a lease referred to in subparagraph (i).                         16
       (2)   The Registrar-General must not register a plan as a strata plan of subdivision, strata     17
             plan of consolidation or building alteration plan unless it is signed by all of the        18
             following:                                                                                 19
              (a) the registered owner of the land comprised in the plan,                               20
             (b) each registered mortgagee, chargee or covenant chargee of the land,                    21
              (c) if the plan relates to common property--the owners corporation of the strata           22
                   scheme,                                                                              23
             (d) if the plan is for a leasehold strata scheme--the lessor of the scheme.                 24
       (3)   Also, the Registrar-General may refuse to register a plan referred to in subsection (1)    25
             or (2) unless written consent to its registration is lodged and is signed by each of the   26
             following the Registrar-General considers appropriate in the circumstances:                27
              (a) the judgment creditor under any writ recorded in a folio for the land,                28
             (b) the caveator under a caveat affecting any estate or interest in the land,              29
              (c) the registered lessee of the land.                                                    30
       (4)   Despite subsection (1) or (2), the Registrar-General may, without giving notice to         31
             any person, waive the requirement for a person mentioned in the subsections to sign        32
             a plan.                                                                                    33

Division 6          Common property                                                                     34

23    Dealing with common property--general                                                              35
             Common property may be dealt with only in accordance with this Act and the Strata          36
             Schemes Management Act 2015.                                                               37

24    Effect of creation of common property by registration of plans or notices                         38
       (1)   This section applies if common property in a strata scheme is created by registration      39
             of a strata plan, strata plan of subdivision or notice of conversion.                      40
       (2)   On registration of the plan or notice, the common property:                                41
             (a) vests in the owners corporation of the strata scheme, and                              42




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             (b)    is freed and discharged from any mortgage, charge, covenant charge, writ or       1
                    caveat affecting the land, and                                                    2
              (c)   if the common property is land in a freehold strata scheme--is freed and           3
                    discharged from any lease affecting the land immediately before registration      4
                    of the plan or notice, other than a lease that is necessary for the purpose of    5
                    providing a service to the scheme.                                                6

       (3)   The Registrar-General must, on registration of a strata plan, create a folio for the     7
             estate or interest of the owners corporation in the common property.                     8
       (4)   Subsection (2) does not affect a right or remedy that may be exercised otherwise than     9
             in relation to common property by a person who is a mortgagee, chargee, covenant         10
             chargee, lessee, judgment creditor or caveator, even if the person signed or consented   11
             to the registration of the plan or signed the notice creating the common property.       12

25    Acquisition of additional common property                                                       13
       (1)   For the purpose of creating or creating additional common property, the owners           14
             corporation of a strata scheme may, by special resolution, accept a lease or sublease,   15
             or a transfer of a lease or sublease, of land if:                                        16
             (a) the land is contiguous to the parcel or the owners corporation considers the         17
                    land is otherwise relevant to the strata scheme (whether or not the land is       18
                    within the parcel or is contiguous to the parcel), and                            19
             (b) the land is not subject to a mortgage, charge, covenant charge or writ, and          20
             (c) if the strata scheme is a leasehold strata scheme--the term of the lease or           21
                    sublease does not expire after the term of the lease of the common property.      22
       (2)   Also, for the purpose of creating or creating additional common property, the owners     23
             corporation of a freehold strata scheme may, by special resolution, accept a transfer    24
             of land that:                                                                            25
             (a) is contiguous to the parcel, and                                                     26
             (b) is not subject to a mortgage, charge, covenant charge or writ.                       27
       (3)   If the strata scheme forms part of a community scheme, the Registrar-General may         28
             refuse to register a transfer of land creating or creating additional common property    29
             in the scheme unless the community scheme is appropriately amended by any                30
             necessary dealings registered under the Community Land Development Act 1989.             31
       (4)   In this section:                                                                         32
             land means land under the Real Property Act 1900 (other than land comprised in a         33
             limited folio or qualified folio or a perpetual lease from the Crown), but does not      34
             include a leasehold interest in land evidenced by a lease that is not registered under   35
             that Act.                                                                                36

26    Registration and effect of dealings                                                             37
       (1)   As soon as practicable after accepting a dealing under section 25, the owners            38
             corporation must lodge the dealing evidencing the transaction for registration under     39
             the Real Property Act 1900.                                                              40
       (2)   The dealing must be accompanied by:                                                      41
             (a) the certificate of title for the land the subject of the dealing, and                42
             (b) the certificate of title for the common property, and                                43
             (c) a certificate under the seal of the owners corporation certifying that it            44
                   authorised the dealing by special resolution.                                      45




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       (3)   If the dealing is a transfer of land, it may be registered only if a plan showing the        1
             transferred land and the original parcel as a single lot is registered under the             2
             Conveyancing Act 1919.                                                                       3
       (4)   On the registration of an accepted lease or sublease, the leasehold interest becomes         4
             common property.                                                                             5
       (5)   On the registration of a transfer of land, the land becomes common property.                 6

27    Surrender of lease or sublease of common property                                                   7
             An owners corporation may, by special resolution and with the lessor's or sublessor's        8
             agreement, surrender an accepted lease or sublease.                                          9

28    Holding common property and dealing with lots and common property                                   10
       (1)   The owners corporation of a strata scheme holds the common property in the scheme            11
             as agent for the owners as tenants in common in shares proportional to the unit              12
             entitlement of the owners' lots.                                                             13
       (2)   An owner's interest in the common property cannot be severed from, or dealt with             14
             separately from, the owner's lot.                                                            15
       (3)   A dealing or caveat relating to an owner's lot affects the owner's interest in the           16
             common property even if the common property is not expressly referred to in the              17
             dealing or caveat.                                                                           18

29    Requirement for folio if no common property                                                         19
       (1)   If a strata plan that does not contain common property is registered, the                    20
             Registrar-General must create a folio and record in it in the way the                        21
             Registrar-General considers appropriate:                                                     22
              (a) a statement that the strata scheme does not contain common property, and                23
             (b) the name of the owners corporation and the address for service of notices on             24
                   it, and                                                                                25
              (c) the schedule of unit entitlement for the scheme, and                                    26
             (d) particulars of the by-laws specified in the strata plan for the scheme.                  27
       (2)   During any period in which a folio created under subsection (1) or section 24 (3) does       28
             not contain common property, the Registrar-General must record in the folio:                 29
             (a) any change in the address for service of notices on the owners corporation,              30
                   notice of which has been lodged under section 265 of the Strata Schemes                31
                   Management Act 2015, and                                                               32
             (b) any change in the by-laws for the strata scheme, notification of which has been          33
                   lodged under section 141 of the Strata Schemes Management Act 2015, and                34
             (c) any other matter that, by or under this Act or any other Act, the                        35
                   Registrar-General is required or authorised to make in the folio.                      36

30    References to folios and certificates of title                                                      37
       (1)   A reference in this Act to a folio includes a reference to a folio created under             38
             section 24 (3) or 29 (1) during any period in which it does not contain common               39
             property.                                                                                    40
       (2)   A reference in this Act to a certificate of title includes a reference to a certificate of   41
             title in relation to a folio referred to in subsection (1).                                  42




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       (3)   To the extent a provision of the Real Property Act 1900 can apply to a folio or               1
             certificate of title referred to in subsection (1) or (2), a reference in the provision:      2
             (a) to a folio includes a reference to a folio referred to in subsection (1) during any       3
                    period for which it does not contain common property, or                               4
             (b) to a certificate of title includes a reference to a certificate of title in relation to   5
                    a folio referred to in subsection (1).                                                 6

31    Requirement for folio if there is common property                                                    7
       (1)   In a folio for common property, it is sufficient that the land comprised in the common         8
             property is described as the common property in a designated strata plan without               9
             defining its area or dimensions.                                                              10
       (2)   A folio for common property is taken to certify title to the common property, other           11
             than common property the subject of an accepted lease or sublease, in the strata              12
             scheme as the common property may exist from time to time.                                    13
       (3)   The Registrar-General must, in the way the Registrar-General considers appropriate,           14
             record the following in a folio for common property in a strata scheme:                       15
              (a) the name of the owners corporation,                                                      16
             (b) the address for service of notices on the owners corporation,                             17
              (c) the schedule of unit entitlement for the scheme,                                         18
             (d) any easement benefiting or burdening the parcel and any restriction on the use            19
                   of land or positive covenant burdening the parcel,                                      20
              (e) particulars of the by-laws specified in the strata plan for the scheme, and any          21
                   change in the by-laws, notification of which has been lodged under section 141          22
                   of the Strata Schemes Management Act 2015,                                              23
              (f) any other matter that, by or under this Act or another Act, the                          24
                   Registrar-General is required or authorised to make in the folio.                       25

32    Recording particular matters relating to common property                                             26
       (1)   The Registrar-General must not record the following in the folio for a lot in a strata        27
             scheme:                                                                                       28
             (a) an easement that burdens the common property in the scheme or benefits the                29
                  common property or the whole parcel,                                                     30
             (b) an easement acquired by resumption, to the extent that it affects common                  31
                  property,                                                                                32
             (c) a restriction on the use of land or a positive covenant that burdens the common           33
                  property or the whole parcel.                                                            34
       (2)   The Registrar-General must record an easement, restriction or positive covenant               35
             referred to in subsection (1) in the folio for the common property in the strata scheme.      36
       (3)   However, the easement, restriction or positive covenant affects a lot in the strata           37
             scheme:                                                                                       38
             (a) to the extent that it can affect the lot, and                                             39
             (b) as if it were recorded in the folio for the lot.                                          40
       (4)   The Registrar-General must not record a mortgage, charge, covenant charge or writ             41
             in the folio for the common property in a strata scheme.                                      42




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33    Transfer or lease of common property                                                             1
       (1)   The owners corporation of a freehold strata scheme may:                                   2
             (a) by special resolution, transfer or lease common property, other than common           3
                  property the subject of an accepted lease or sublease, and                           4
             (b) by special resolution, and if not prevented by the terms of the lease or sublease,    5
                  transfer an accepted lease or sublease of common property or grant a sublease        6
                  of that lease or sublease, and                                                       7
             (c) by special resolution, and in accordance with section 55A of the Real Property         8
                  Act 1900, execute a variation of a lease or sublease granted or transferred           9
                  under paragraph (a) or (b).                                                          10
       (2)   The owners corporation of a leasehold strata scheme may:                                  11
             (a) by special resolution, and with the lessor's consent and if not prevented by the      12
                  terms of the lease, transfer a lease of part of the common property or grant a       13
                  sublease of the part, and                                                            14
             (b) by special resolution, and with the lessor's consent, execute a variation of a        15
                  lease or sublease referred to in paragraph (a) in accordance with section 55A        16
                  of the Real Property Act 1900.                                                       17
       (3)   The owners corporation of any strata scheme may, by special resolution:                   18
             (a) accept a surrender of a lease or sublease granted under this section, or              19
             (b) re-enter the lease or sublease, if otherwise authorised.                              20
       (4)   If the strata scheme forms part of a community scheme, the Registrar-General may          21
             refuse to register a transfer of common property unless the community scheme is           22
             appropriately amended by any necessary dealings registered under the Community            23
             Land Development Act 1989.                                                                24

34    Creation or variation of easements, restrictions and positive covenants                          25
       (1)   The owners corporation of a strata scheme may, by special resolution:                     26
             (a) execute a dealing creating or varying an easement that burdens the common             27
                  property in the scheme, or a restriction on the use of land or a positive covenant   28
                  that burdens the common property or the whole parcel, or                             29
             (b) execute a dealing releasing or varying an easement, a restriction on the use of       30
                  land or a positive covenant that benefits the common property or the whole           31
                  parcel.                                                                              32
       (2)   The owners corporation of a strata scheme may, by ordinary resolution:                    33
             (a) accept a dealing creating an easement, a restriction on the use of land or a          34
                  positive covenant that benefits the common property in the scheme or the             35
                  whole parcel, or                                                                     36
             (b) accept a dealing releasing an easement that burdens the common property, or           37
                  a restriction on the use of land or a positive covenant that burdens the common      38
                  property or the whole parcel.                                                        39

35    Dedication of common property                                                                    40
       (1)   The owners corporation of a strata scheme may, by special resolution, dedicate            41
             common property in the scheme as a public road, public reserve or drainage reserve        42
             by registration of a plan under Division 3 of Part 23 of the Conveyancing Act 1919.       43
       (2)   However, common property may be dedicated as public reserve only if there is an           44
             adjoining public road or other public place giving access to the reserve by the public.   45




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       (3)   Also, common property in a leasehold strata scheme may be dedicated under this               1
             section only with the consent of the lessor of the scheme.                                   2
       (4)   If the strata scheme forms part of a community scheme, the Registrar-General may             3
             refuse to register a plan referred to in subsection (1) unless the community scheme is       4
             appropriately amended by any necessary dealings registered under the Community               5
             Land Development Act 1989.                                                                   6

36    Restrictions on dealings under this Division                                                        7
       (1)   An owners corporation of a strata scheme must not execute a dealing for the purposes         8
             of this Division that disposes of common property in the scheme unless:                      9
             (a) any common property rights by-law that relates to the common property being              10
                    disposed of has been repealed or amended so it does not relate to the common          11
                    property, and                                                                         12
             (b) each registered interest in the common property being disposed of has been               13
                    released or the dealing has been made subject to the interest, and                    14
             (c) each statutory interest, or other interest that is not registered, in the common         15
                    property being disposed of and of which the owners corporation has been               16
                    notified has been released.                                                           17
       (2)   A dealing lodged for registration under the Real Property Act 1900 or the                    18
             Conveyancing Act 1919 for the purposes of this Division must not be registered               19
             unless it is accompanied by a certificate under the seal of the owners corporation           20
             certifying that:                                                                             21
             (a) the resolution authorising the dealing was a special resolution or ordinary              22
                    resolution (as required under this Division), and                                     23
             (b) the resolution was passed after the expiration of the initial period, and                24
             (c) subsection (1) (c) has been complied with.                                               25
       (3)   Subsection (2) (b) does not apply to a dealing if:                                           26
             (a) the original owner owns all lots in the strata scheme, or                                27
             (b) an order has been made under section 27 of the Strata Schemes Management                 28
                  Act 2015 authorising the registration of the dealing.                                   29
       (4)   The certificate is conclusive evidence of the facts stated in the certificate in favour of   30
             the Registrar-General and any person taking under the dealing or benefiting by the           31
             registration of the dealing.                                                                 32
       (5)   This section does not prevent:                                                               33
             (a) the execution in accordance with section 87 of a dealing by an owners                    34
                   corporation, or by a developer on behalf of the owners corporation, to give            35
                   effect to a decision about a development concern, or                                   36
             (b) the registration of a dealing referred to in paragraph (a).                              37

37    Effect of dealings under this Division                                                              38
       (1)   A dealing executed by an owners corporation for the purposes of this Division is as          39
             valid and effective as it would be if it were also executed by the owners of all the lots    40
             in the strata scheme.                                                                        41
       (2)   The receipt of the owners corporation for an amount payable to it in relation to a           42
             dealing is a sufficient discharge for the payment and exonerates each person paying          43
             the amount from any responsibility for its application.                                      44




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Division 7          Miscellaneous                                                                       1

38    Application of certain provisions of Conveyancing Act 1919                                        2
       (1)   Section 88B of the Conveyancing Act 1919 applies to a strata plan, strata plan of          3
             subdivision and strata plan of consolidation in the same way it applies to a plan          4
             referred to in that section relating to land under the Real Property Act 1900.             5
       (2)   Sections 195F, 195H, 195J, 196 and 196AA of the Conveyancing Act 1919 apply in             6
             relation to a plan lodged for registration as a strata plan, strata plan of subdivision,   7
             strata plan of consolidation or building alteration plan in the same way the sections      8
             apply to plans referred to in the sections.                                                9

39    Encroachments shown on plans                                                                      10
       (1)   If an encroachment is shown on a proposed strata plan, strata plan of subdivision or       11
             building alteration plan, this Act applies to the encroachment:                            12
              (a) to the extent it is designated for use with a lot--as if it were part of the lot, or   13
             (b) otherwise--as if it were common property.                                               14
       (2)   However, this section does not apply to a provision of this Act relating to ownership      15
             and certification of title.                                                                16

40    When by-laws for strata scheme have effect                                                        17
       (1)   The proposed by-laws for a strata scheme have no effect until the strata plan and any      18
             proposed by-laws that are required to accompany it are registered.                         19
       (2)   However, registration does not give effect to by-laws that have not been lawfully          20
             made.                                                                                      21




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Part 3        Provisions relating to leases in leasehold strata                                         1
              schemes                                                                                   2

Division 1           Leases of lots and common property                                                 3

41     Provisions generally applicable to leases                                                        4
       (1)    The provisions of the Conveyancing Act 1919 relating to leases of land apply to a         5
              lease of a lot or common property in a leasehold strata scheme other than to the extent   6
              the provisions are inconsistent with this Act or the regulations.                         7
       (2)    The lessor of a leasehold strata scheme may be the owner of any lot in the scheme         8
              despite any law relating to the merger of leasehold and reversionary estates in land.     9

42     Dealings in lease of lot or common property                                                      10
              Except as expressly provided by Division 6 of Part 2, a provision in the lease of a lot   11
              or common property in a leasehold strata scheme that purports to require the consent      12
              of the lessor of the scheme to any dealing with the lease is void.                        13

43     Powers of lessor if no current lease                                                             14
       (1)    For the purposes of this Act, a lessor of a leasehold strata scheme who is entitled to    15
              immediate possession of a lot in the scheme because of the determination of a lease       16
              is taken to be the owner of the lot.                                                      17
       (2)    Subsection (1) does not confer or impose on the lessor a right or obligation created      18
              by a lease, sublease, mortgage, charge or covenant charge to which a former owner         19
              was subject.                                                                              20

44     Further leases of lots and common property                                                       21
       (1)    Subject to subsection (4) and section 122 of the Conveyancing Act 1919, the lessor        22
              of a leasehold strata scheme may grant further leases of a lot in the scheme, including   23
              a further lease to the lessor, at any time before the scheme is terminated.               24

       (2)    If a lease is granted under subsection (1) to commence when the lease of the common       25
              property expires, the lessor must also grant a further lease of the common property       26
              to the owners corporation.                                                                27

       (3)    Subsection (4) applies if, in relation to a leasehold strata scheme:                      28
              (a) the owners of lots the sum of whose unit entitlements is at least four-fifths of      29
                   the aggregate unit entitlement and the owners corporation have, at least             30
                   6 months before the expiration of the terms of the leases, given written notice      31
                   in accordance with subsection (5) to the lessor of their intention to exercise       32
                   their rights to renew their leases, and                                              33
              (b) the right to a further lease containing specified provisions has been granted, in     34
                   writing signed by the lessor, to the owners and owners corporation by the            35
                   lessor.                                                                              36

       (4)    The lessor must, at least 3 months before the terms of the leases expire, grant:          37
              (a) further leases of the lots to the owners, and                                         38
              (b) a further lease of the common property to the owners corporation.                     39
              Note. However, see section 45 for when a lessor may refuse to grant a further lease.      40
       (5)    The notice referred to in subsection (3) (a) must be accompanied by a lease, for          41
              execution by the lessor, in the approved form and contain the specified provisions        42
              referred to in subsection (3) (b).                                                        43




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       (6)    The terms of all leases granted under this section in relation to a parcel, other than a    1
              further lease that commences during the term of another lease of the lot or the             2
              common property and that is expressed to expire at the same time as the other lease,        3
              must:                                                                                       4
               (a) commence at the expiration of the terms of the leases they are intended to             5
                     replace, and                                                                         6
              (b) expire at the same time.                                                                7
       (7)    If a lease granted under this section confers on the owner a right of renewal, the           8
              renewal term must be the same as that to which each other owner of a lot in the strata       9
              scheme is entitled.                                                                         10
       (8)    The lessor of the strata scheme may execute a further lease of common property in           11
              the scheme as agent for the owners corporation, unless the lease is granted under           12
              subsection (4).                                                                             13
       (9)    A right to a further lease of a lot or common property may not be exercised otherwise       14
              than in accordance with this section.                                                       15

45     Lessor may refuse to grant further leases                                                          16
       (1)    The lessor of a leasehold strata scheme may refuse to grant a further lease of a lot to     17
              an owner if:                                                                                18
              (a) the owner has breached a provision of the lease of the lot and the breach has           19
                    not been remedied, or                                                                 20
              (b) the owner has not complied with a provision of the lease for the renovation of          21
                    improvements comprised in the lot.                                                    22
       (2)    The lessor of a leasehold strata scheme may refuse to grant a further lease of the          23
              common property to the owners corporation if:                                               24
              (a) the owners corporation has breached a provision of the lease of the common              25
                    property and the breach has not been remedied, or                                     26
              (b) the owners corporation has not complied with a provision of the lease for the           27
                    renovation of improvements comprising common property.                                28
       (3)    If a lessor refuses to grant a further lease of the common property in a leasehold strata   29
              scheme, the lessor must also refuse to grant further leases of lots in the scheme.          30
       (4)    This section applies despite section 44 (4).                                                31

Division 2           Re-entry or forfeiture of leases of lots                                             32

46     Restriction on re-entry or forfeiture                                                              33
       (1)    This section applies:                                                                       34
              (a) if the lease of a lot in a leasehold strata scheme is subject to a registered           35
                    mortgage, charge or covenant charge, and                                              36
              (b) despite section 129 (6) of the Conveyancing Act 1919.                                   37
       (2)    A right of re-entry or forfeiture under the lease for a breach of a covenant, condition     38
              or agreement (express or implied) in the lease may not be exercised unless the lessor       39
              has served on the mortgagee, chargee or covenant chargee a copy of the notice               40
              relating to the breach served on the owner under section 129 of the Conveyancing Act        41
              1919.                                                                                       42




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47     Order about re-entry or forfeiture                                                                  1
       (1)    If a lessor has brought legal proceedings to enforce a right of re-entry or forfeiture       2
              under a lease of a lot in a leasehold strata scheme, the Supreme Court may, on               3
              application by a mortgagee, chargee or covenant chargee of the lot make an order:            4
               (a) staying the proceedings on the terms the Supreme Court considers just and               5
                      equitable, and                                                                       6
              (b) vesting, for the remaining term of the lease or a shorter term, the lease of the         7
                      lot in the mortgagee, chargee or covenant chargee on the conditions the court        8
                      considers just and equitable, including, for example, conditions relating to:        9
                       (i) the execution of a dealing or other document, or                                10
                      (ii) the payment of rent, or                                                         11
                     (iii) costs, expenses, damages or compensation, or                                    12
                     (iv) the giving of a security.                                                        13
       (2)    The order may be made:                                                                       14
              (a) in proceedings brought for the purpose by the mortgagee, chargee or covenant             15
                    chargee, or                                                                            16
              (b) in the proceedings brought by the lessor that are already in the Supreme Court.          17

Division 3           Conversion of leasehold strata schemes to freehold strata                             18
                     schemes                                                                               19

48     Procedure for conversion                                                                            20
       (1)    If:                                                                                          21
               (a)   under the leases of the lots in a leasehold strata scheme, the owners have rights     22
                     to acquire the lessor's reversion in the lots, or                                     23
              (b) the lessor otherwise confers on the owners rights to acquire the lessor's                24
                     reversion in the lots,                                                                25
              the owners corporation may, by special resolution at a meeting convened to                   26
              determine whether the rights are to be exercised and held before the scheme is               27
              terminated under section 148 or otherwise, authorise the conversion of the scheme            28
              into a freehold strata scheme.                                                               29
              Note. Under section 148, a leasehold strata scheme may be terminated if all leases of lots   30
              and common property in the scheme expire or are otherwise determined.                        31
       (2)    The rights referred to in subsection (1) may not be exercised unless a special               32
              resolution is passed in accordance with the subsection.                                      33
       (3)    If the special resolution is passed, each owner may exercise the right to acquire from       34
              the lessor the reversion in the owner's lot.                                                 35
       (4)    Despite section 25, if an owner has not, within 6 weeks after the date of the meeting,       36
              acquired the reversion in the owner's lot, the owners corporation may, by unanimous          37
              resolution, acquire the reversion in and the lease of the lot.                               38
       (5)    If the reversion in a lot has not, within 3 months after the date of the meeting, been       39
              acquired by the owner of the lot or the owners corporation, the lessor may acquire the       40
              lease of the lot.                                                                            41
       (6)    If there is no outstanding reversion in a lot in the leasehold strata scheme, the lessor     42
              must immediately give the Registrar-General notice in the approved form of:                  43
               (a) the passing of the special resolution authorising the conversion of the scheme,         44
                     and                                                                                   45
              (b) the disposal of the reversionary estates in all lots in the scheme.                      46



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       (7)    If the reversion in any lot has not, within 6 months after the date of the meeting, been   1
              disposed of in accordance with this section, the lessor must give the                      2
              Registrar-General notice in the approved form of:                                          3
               (a) the passing of the special resolution authorising the conversion of the scheme,       4
                      and                                                                                5
              (b) the disposal of the reversionary estates in the lots the reversion in which has        6
                      been acquired or the leases of which have been acquired in accordance with         7
                      this section, and                                                                  8
               (c) the identity of each lot the reversion in which, or lease of which, has not been       9
                      acquired.                                                                          10
       (8)    A notice required to be given under this section by the lessor may be given by the         11
              owners corporation, an owner or another person.                                            12

49     Effect of merger of leasehold estate with lessor's reversion                                      13
       (1)    This section applies if the Registrar-General receives a notice given under section 48     14
              and an application in the approved form before the leasehold strata scheme to which        15
              the notice and application relate is terminated.                                           16
       (2)    The Registrar-General must, if satisfied that the application has been properly made,      17
              record in the Register the matters the Registrar-General considers appropriate to          18
              effect the merger of the leasehold and reversionary estates.                               19

       (3)    When the Registrar-General makes the record:                                               20
              (a) the leasehold strata scheme becomes a freehold strata scheme, and                      21
              (b) the strata plan for the leasehold strata scheme becomes a strata plan for the          22
                   freehold strata scheme, and                                                           23
              (c) subject to paragraph (e), each former lot in the leasehold strata scheme vests         24
                   in the former owner of the lot for an estate in fee simple, and                       25
              (d) the former common property in the leasehold strata scheme, other than                  26
                   common property under an accepted lease or sublease, vests in the owners              27
                   corporation for an estate in fee simple, and                                          28
              (e) the fee simple estate in a lot in relation to which a merger has not been              29
                   recorded in the Register is held subject to the former lease of the lot, and          30
               (f) a registered mortgage, charge, covenant charge, easement, restriction on the          31
                   use of land or positive covenant conferring or imposing rights or obligations         32
                   in relation to the former leases of lots or the former lots confers or imposes        33
                   equivalent rights or obligations in relation to the lots created, and                 34
              (g) a registered easement, restriction on the use of land or positive covenant             35
                   conferring or imposing rights or obligations in relation to the former common         36
                   property confers or imposes equivalent rights or obligations in relation to the       37
                   common property created, and                                                          38
              (h) subject to paragraph (e), the former leases of each former lot and the former          39
                   lease of the former common property are determined.                                   40




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Part 4       Strata certificates                                                                       1

Division 1          Preliminary                                                                        2

50    Definitions                                                                                      3
             In this Part:                                                                             4
             certificate of compliance of a water supply authority means a certificate of              5
             compliance issued by the authority in accordance with the Act under which it is           6
             constituted.                                                                              7
             court means the Land and Environment Court.                                               8
             order, requirement or notice means an order, requirement or notice of a kind referred      9
             to in, or given under, any of the following:                                              10
              (a) an order of the kind referred to in item 2, 4, 8 or 9 of the table to section 121B   11
                     of the Environmental Planning and Assessment Act 1979,                            12
             (b) an order of the kind referred to in item 21, 22, 23, 24 or 25 of the table to         13
                     section 124 of the Local Government Act 1993,                                     14
              (c) provisions of regulations made under the Environmental Planning and                  15
                     Assessment Act 1979 or the Local Government Act 1993 that are prescribed for      16
                     the purposes of this definition.                                                  17

51    Relationship with other Acts                                                                     18
      (1)   Subject to this Act, a provision of the Conveyancing Act 1919, the Environmental           19
            Planning and Assessment Act 1979 or another Act relating to the way land is divided        20
            does not apply to a subdivision effected under Part 2.                                     21
      (2)   This section does not affect a requirement to obtain planning approval for a               22
            subdivision.                                                                               23

52    When relevant planning approval is in force                                                      24
      (1)   For the purposes of this Act, a relevant planning approval is in force for a proposed      25
            strata plan or strata plan of subdivision if:                                              26
            (a) planning approval is required, and has been granted, for the subdivision the           27
                   subject of the proposed plan and has not lapsed, or                                 28
            (b) planning approval under paragraph (a) is not required but planning approval is         29
                   required for the building, and has been granted for building work in relation to    30
                   a building, or a change of use of a building, having proposed lots designed for     31
                   separate occupation as illustrated by the plan, and has not lapsed.                 32
      (2)   For the purposes of this Act, a relevant planning approval is in force for a notice of     33
            conversion if:                                                                             34
            (a) planning approval is required, and has been granted, to the conversion the             35
                  subject of the notice and has not lapsed, or                                         36
            (b) planning approval under paragraph (a) is not required but planning approval is         37
                  required, and has been granted, for building work or a change of use associated      38
                  with the conversion and has not lapsed.                                              39

53    Who may apply for strata certificate                                                             40
             An application for a strata certificate may be made only by:                              41
             (a) if the certificate relates to a strata plan--the registered proprietor of the land     42
                  to which the application relates, or another person with the proprietor's written    43
                  consent, or                                                                          44




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             (b)   if the certificate relates to a strata plan of subdivision or notice of conversion--   1
                   the registered owner of the land to which the application relates, or another         2
                   person with the owner's written consent.                                              3

Division 2         Issue of strata certificates by local councils                                        4

54    Strata certificate for strata plans and subdivision of development lots                            5
      (1)   A local council must, on application made to it for a strata certificate in relation to a    6
            proposed strata plan that does not include a development lot, issue a strata certificate     7
            for the plan if:                                                                             8
             (a) for land proposed to be subdivided that is within a water supply authority's             9
                    area of operations--the water supply authority has issued a certificate of            10
                    compliance for the proposed subdivision, and                                         11
            (b) the following requirements of subparagraphs (i)-(iii) or the following                   12
                    requirements of subparagraphs (iv)-(viii) are satisfied:                             13
                     (i) a construction certificate has been issued under the Environmental              14
                          Planning and Assessment Act 1979 in relation to the erection of each           15
                          building containing a proposed lot to which the plan relates,                  16
                    (ii) each proposed lot in the plan substantially corresponds with a part of          17
                          any such building shown in the building plans accompanying the                 18
                          construction certificate and is designated in the building plans as being      19
                          intended for separate occupation,                                              20
                   (iii) each building referred to in subparagraph (i) was completed not more            21
                          than 12 months, or a longer period fixed by the local council in any           22
                          particular case, before the application for the strata certificate was         23
                          made,                                                                          24
                   (iv) separate occupation of the proposed lots in the plan will not contravene         25
                          the Environmental Planning and Assessment Act 1979 or an                       26
                          environmental planning instrument,                                             27
                    (v) any consent required under that Act or instrument has been given in              28
                          relation to the separate occupation of the proposed lots,                      29
                   (vi) having regard to the circumstances of the case and the public interest,          30
                          the local council is satisfied that the subdivision to which the plan          31
                          relates will not interfere with the existing or likely future amenity of the   32
                          neighbourhood,                                                                 33
                  (vii) the land proposed to be subdivided is not the subject of an outstanding          34
                          order, requirement or notice,                                                  35
                 (viii) if an order of the kind referred to in item 6 of the table to section 121B       36
                          of the Environmental Planning and Assessment Act 1979 is in force in           37
                          relation to the land proposed to be subdivided--the order has been              38
                          complied with.                                                                 39

      (2)   A local council must, on application made to it for a strata certificate in relation to a    40
            proposed strata plan that includes a development lot, or of a proposed strata plan of        41
            subdivision of a development lot, issue a strata certificate for the plan if:                42
            (a) the requirements of subsection (1) (a) and (b) are satisfied, and                        43
            (b) the plan and each building to which the plan relates:                                    44
                   (i) satisfy the conditions of any planning approval relating to the plan and          45
                         building, and                                                                   46
                  (ii) give effect to the stage of the strata development contract to which the          47
                         plan and building relate.                                                       48




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      (3)   However, for the purposes of subsections (1) (b) and (2) (a), if there is a relevant        1
            planning approval in force in relation to the proposed subdivision, the local council       2
            need not consider the requirement specified in subsection (1) (b) (vi).                     3
      (4)   Subsections (1) and (2) apply subject to this Part.                                         4

55    Strata certificate for subdivision not involving development lot                                  5
      (1)   A local council must, on application made to it for a strata certificate in relation to a   6
            proposed strata plan of subdivision (other than a subdivision of a development lot)         7
            that does not subdivide or create common property in a strata scheme, send notice of        8
            the proposed subdivision by registered post to the owners corporation.                      9
      (2)   The notice must invite the owners corporation to give its views on the proposed             10
            subdivision within the period, of not less than 21 days after the notice was sent,          11
            specified in the notice (the specified period).                                             12
      (3)   Subsection (1) does not apply to a local council if the application was accompanied         13
            by a certificate under the seal of the owners corporation certifying that the owners        14
            corporation has, by resolution, agreed to the proposed subdivision.                         15
      (4)   A local council may issue the strata certificate after considering:                         16
            (a) if the local council sent a notice referred to in subsection (1)--the                    17
                  representations, if any, made to it by the owners corporation within the              18
                  specified period and whether the proposed subdivision would be likely:                19
                   (i) to detract from the external appearance of the building containing the lot       20
                         the subject of the proposed subdivision, or                                    21
                  (ii) to render inadequate existing services to other lots in the strata scheme,       22
                         or                                                                             23
                 (iii) to detract from the amenity or value of any other lot in the strata scheme       24
                         by increasing the number and decreasing the size of lots within the            25
                         building referred to in subparagraph (i), and                                  26
            (b) if paragraph (a) does not apply in relation to the application--the requirements         27
                  of section 54 (1) (b) (iv)-(vi) as if the reference in that section to a proposed     28
                  strata plan were a reference to the proposed strata plan of subdivision.              29
      (5)   A local council may, on application made to it for a strata certificate in relation to a    30
            proposed strata plan of subdivision (other than a subdivision of a development lot)         31
            that subdivides or creates common property, issue the certificate:                          32
             (a) if the plan, on lodgment with the council, was accompanied by a certificate            33
                   under the seal of the owners corporation certifying that it has, by special          34
                   resolution, agreed to the proposed subdivision, and                                  35
            (b) after taking into consideration the requirements of section 54 (1) (b) (iv)-(vi)        36
                   as if the reference in that section to a proposed strata plan were a reference to    37
                   the proposed strata plan of subdivision.                                             38
      (6)   However, if a relevant planning approval is in force in relation to the proposed            39
            subdivision, the local council need not consider:                                           40
            (a) for the purposes of subsection (4)--the matters referred to in subsection (4) (a)        41
                  or a requirement specified in section 54 (1) (b) (vi), and                            42
            (b) for the purposes of subsection (5)--a requirement specified in                           43
                  section 54 (1) (b) (vi).                                                              44

56    Strata certificate for notices of conversion                                                      45
      (1)   A local council may, on application made to it for a strata certificate in relation to a    46
            proposed notice of conversion, issue the certificate if:                                    47



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             (a)   the notice, on lodgment with the council, was accompanied by a certificate            1
                   under the seal of the owners corporation certifying that it has, by special           2
                   resolution, agreed to the proposed conversion, and                                    3
             (b)   the council is satisfied, having regard to the circumstances of the case and the      4
                   public interest, that the proposed conversion will not interfere with the existing    5
                   or likely future amenity of the neighbourhood.                                        6

      (2)   However, the council need not be satisfied about the matter referred to in                   7
            subsection (1) (b) if a relevant planning approval is in force in relation to the notice     8
            of conversion.                                                                               9

57    Restriction on issue of strata certificate                                                         10
      (1)   A local council must not issue a strata certificate unless:                                  11
            (a) it complies with the regulations relating to the issue of strata certificates by a       12
                  local council, and                                                                     13
            (b) it is satisfied that any inspections prescribed by the regulations have been             14
                  carried out.                                                                           15
      (2)   Also, a local council must not issue a strata certificate in relation to a proposed strata   16
            plan, strata plan of subdivision or notice of conversion for which a relevant planning       17
            approval is not in force or is not required unless it has considered:                        18
            (a) whether the following will be appropriate to the proposed use of the building            19
                   the subject of the plan or notice:                                                    20
                    (i) the structural strength and load-bearing capacity of the building,               21
                   (ii) the measures to protect persons using the building, and to facilitate their      22
                          egress from the building, in the event of fire,                                23
                  (iii) the measures to restrict the spread of fire from the building to other           24
                          buildings nearby, and                                                          25
            (b) whether the building complies, or will comply when completed, with the                   26
                   Category 1 fire safety provisions applicable to the building's proposed use.          27
      (3)   This section applies despite any other provision of this Division.                           28
      (4)   In subsection (2), Category 1 fire safety provisions means the provisions prescribed         29
            by the regulations.                                                                          30

Division 3         Issue of strata certificates by accredited certifiers                                 31

58    Strata certificate for strata plans and subdivision of development lots                            32
      (1)   An accredited certifier must, on application made to the certifier for a strata              33
            certificate in relation to a proposed strata plan that does not include a development        34
            lot, issue a strata certificate for the plan if:                                             35
             (a) a relevant planning approval is in force in relation to the plan, and                   36
            (b) all conditions of the planning approval that are required to be complied with            37
                    before a strata certificate may be issued have been complied with, and               38
             (c) if the land proposed to be subdivided is within a water supply authority's area         39
                    of operations--the water supply authority has issued a certificate of                 40
                    compliance for the proposed subdivision, and                                         41
            (d) the following requirements of subparagraphs (i)-(iii) or the following                   42
                    requirements of subparagraphs (iv)-(vii) are satisfied:                              43
                     (i) a construction certificate has been issued under the Environmental              44
                           Planning and Assessment Act 1979 in relation to the erection of each          45
                           building containing a proposed lot to which the plan relates,                 46



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                   (ii)   each proposed lot in the plan substantially corresponds with a part of       1
                          any such building shown in the building plans accompanying the               2
                          construction certificate and is designated in the building plans as being    3
                          intended for separate occupation,                                            4
                  (iii)   each building referred to in subparagraph (i) was completed not more         5
                          than 12 months, or a longer period fixed by the relevant local council in    6
                          any particular case, before the application for the strata certificate was   7
                          made,                                                                        8
                  (iv)    separate occupation of the proposed lots in the plan will not contravene      9
                          the Environmental Planning and Assessment Act 1979 or an                     10
                          environmental planning instrument,                                           11
                   (v)    any consent required under that Act or instrument has been given in          12
                          relation to the separate occupation of the proposed lots,                    13
                  (vi)    the land proposed to be subdivided is not the subject of an outstanding      14
                          order, requirement or notice,                                                15
                  (vii)   if an order of the kind referred to in item 6 of the table to section 121B   16
                          of the Environmental Planning and Assessment Act 1979 is in force in         17
                          relation to the land proposed to be subdivided--the order has been            18
                          complied with.                                                               19

      (2)   An accredited certifier must, on application made to the certifier for a strata            20
            certificate in relation to a proposed strata plan that includes a development lot or a     21
            proposed strata plan of subdivision of a development lot, issue a strata certificate for   22
            the plan if:                                                                               23
             (a) the requirements of subsection (1) (a)-(d) are satisfied, and                         24
            (b) the plan and each building containing a proposed lot to which the plan relates:        25
                     (i) satisfy the applicable planning approval conditions, and                      26
                    (ii) give effect to the stage of the strata development contract to which the      27
                          plan and building relate.                                                    28

59    Strata certificate for subdivision not involving development lot                                 29
            An accredited certifier must, on application made to the certifier for a strata            30
            certificate in relation to a proposed strata plan of subdivision (other than a             31
            subdivision of a development lot) issue a strata certificate in relation to the plan if:   32
            (a) the requirements of section 58 (1) (a), (b) and (d) (iv) and (v) are satisfied, and    33
            (b) if the subdivision does not subdivide or create common property in a strata            34
                   scheme--the owners corporation has certified that it has, by resolution, agreed      35
                   to the proposed subdivision, and                                                    36
            (c) if the subdivision subdivides or creates common property in a strata scheme--           37
                   the owners corporation has certified that it has, by special resolution, agreed     38
                   to the proposed subdivision.                                                        39

60    Strata certificate for notices of conversion                                                     40
            An accredited certifier must, on application made to the certifier for a strata            41
            certificate in relation to a proposed notice of conversion, issue the certificate if:      42
            (a) the requirements of section 58 (1) (a) and (b) are satisfied, and                      43
            (b) the owners corporation has certified that it has, by special resolution, agreed        44
                   to the proposed conversion.                                                         45




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61    Restrictions on issue of strata certificate                                                         1
            Despite any other provision of this Division, an accredited certifier must not issue a        2
            strata certificate unless:                                                                    3
            (a) the certifier complies with the regulations relating to the issue of strata               4
                   certificates by an accredited certifier, and                                           5
            (b) the certifier is satisfied that any inspections prescribed by the regulations have        6
                   been carried out.                                                                      7

Division 4         Strata certificates relating to encroachments onto public                              8
                   places, and to utility lots                                                            9

62    Issue of strata certificates relating to encroachments                                              10
      (1)   This section applies to a proposed strata plan or strata plan of subdivision if a             11
            building to which the plan relates encroaches on a public place.                              12
      (2)   A local council may refuse to issue a strata certificate for the plan unless:                 13
            (a) the plan clearly indicates the existence, nature and extent of the encroachment,          14
                  and                                                                                     15
            (b) the council is satisfied that retention of the encroachment in its existing state         16
                  will not endanger public safety or unreasonably interfere with the amenity of           17
                  the neighbourhood.                                                                      18
      (3)   An accredited certifier must refuse to issue a strata certificate for the plan unless:        19
            (a) the plan clearly indicates the existence, nature and extent of the encroachment,          20
                  and                                                                                     21
            (b) either:                                                                                   22
                   (i) the building complies with a relevant planning approval in force in                23
                        relation to the building with the encroachment, or                                24
                  (ii) a relevant planning approval in force in relation to the subdivision the           25
                        subject of the plan specifies the existence of the encroachment.                  26
      (4)   A strata certificate for the plan issued by a local council must refer to the existence       27
            of the encroachment and indicate that the local council does not object to the                28
            encroachment.                                                                                 29
      (5)   A strata certificate for the plan issued by an accredited certifier must refer to the         30
            existence of the encroachment and indicate that:                                              31
            (a) the local council has granted a relevant planning approval that is in force for           32
                   the building with the encroachment, or                                                 33
            (b) the local council has granted a relevant planning approval that is in force for           34
                   the subdivision the subject of the plan specifying the existence of the                35
                   encroachment.                                                                          36

63    Restriction on use of utility lot                                                                   37
      (1)   If the registration of a plan for which a strata certificate is sought from a local council   38
            would result in the creation of a utility lot, the council may impose a condition (a          39
            restrictive use condition) on the strata certificate restricting the use of the utility lot   40
            to use by an owner or occupier of a lot or proposed lot (other than a utility lot) in the     41
            strata scheme to which the plan relates.                                                      42
      (2)   If:                                                                                           43
             (a)   the registration of a plan for which a strata certificate is sought from an            44
                   accredited certifier would result in the creation of a utility lot, and                45



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             (b)   the relevant planning approval contains a condition (also a restrictive use            1
                   condition) restricting the use of the utility lot to use by an owner or occupier       2
                   of a lot or proposed lot (other than a utility lot),                                   3
            the certifier must note the restriction on the strata certificate.                            4
      (3)   A restriction on use imposed or noted under subsection (1) or (2) must:                       5
            (a) designate each utility lot burdened by the restriction, and                               6
            (b) describe the restriction by reference to this section.                                    7
      (4)   Section 88 of the Conveyancing Act 1919 does not apply to a restriction referred to           8
            in subsection (1) or (2).                                                                     9

64    Release of restriction on use of utility lot                                                        10
            A local council that imposes a restrictive use condition may, on application made by          11
            the owner or a registered mortgagee of the utility lot to which the condition relates,        12
            execute an instrument in the approved form that provides that the lot is released from        13
            the restriction.                                                                              14
            Note. On the Registrar-General recording the instrument in the Register, the utility lot is   15
            released from the restriction. See section 124.                                               16

Division 5         Notice of decisions and appeals                                                        17

65    Notice of decision                                                                                  18
      (1)   A local council or accredited certifier must give notice of the council's or certifier's      19
            decision on an application for a strata certificate to the applicant.                         20
      (2)   If a local council refuses to issue a strata certificate, the notice must state:              21
             (a) the grounds of refusal, and                                                              22
            (b) that the applicant may appeal to the court against the refusal, and                       23
             (c) the period within which the appeal may be made.                                          24
      (3)   If a local council issues a strata certificate subject to a restrictive use condition, the    25
            notice must state:                                                                            26
             (a) that the applicant may appeal to the court against the imposition of the                 27
                   condition, and                                                                         28
            (b) the period within which the appeal may be made.                                           29
      (4)   If an accredited certifier refuses to issue a strata certificate, the notice must state the   30
            grounds of refusal.                                                                           31

66    Appeal to Land and Environment Court                                                                32
      (1)   The applicant for an application for a strata certificate made to a local council may         33
            appeal to the court against a decision of the council:                                        34
            (a) to refuse the application, or                                                             35
            (b) to issue the strata certificate subject to a restrictive use condition.                   36
      (2)   For the purposes of an appeal under this section, a local council is taken to have            37
            refused an application if the council does not decide the application within 14 days          38
            after:                                                                                        39
             (a) if the application is for a strata certificate referred to in section 54 (1) and, in     40
                   relation to the application, the council has given notice under that section to an     41
                   owners corporation--the end of the period specified in the notice within which          42
                   the owners corporation may give its views on the proposed subdivision to               43
                   which the certificate relates, or                                                      44



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             (b)   otherwise--the day the council receives the application.                            1
      (3)   An appeal must be made within 12 months after:                                            2
            (a) the day the applicant receives notice of the decision, or                             3
            (b) if the local council is taken to have refused the application--the day the             4
                 council is taken to have refused it.                                                 5
      (4)   However, the court may, if it considers it appropriate in the circumstances, extend the   6
            period for making the appeal.                                                             7
      (5)   A decision of the court on an appeal is taken to be the final decision of the local       8
            council and is to be given effect as if it were the decision of the council.              9

Division 6         Application of Building Professionals Act 2005                                     10

67    Accredited certifiers                                                                           11
      (1)   For the purposes of this Act, an accredited certifier is the holder of a certificate of   12
            accreditation as an accredited certifier for the purposes of this Act.                    13
      (2)   The relevant provisions apply with any necessary changes, and any changes                 14
            prescribed by the regulations, to the following:                                          15
            (a) the accreditation of accredited certifiers for the purposes of this Act,              16
            (b) accredited certifiers,                                                                17
            (c) the exercise of functions under this Act by accredited certifiers.                    18
      (3)   In this section:                                                                          19
            relevant provisions means the provisions of Parts 2-5 and Divisions 1, 3 and 4 of         20
            Part 6 and Parts 7 and 8 of the Building Professionals Act 2005, and the regulations      21
            made under that Act for the purposes of the provisions.                                   22

68    Insurance of accredited certifiers                                                              23
      (1)   The relevant provisions apply with any necessary changes, and any changes                 24
            prescribed by the regulations, to accredited certifiers exercising functions under this   25
            Act in the same way that the provisions apply to accredited certifiers exercising the     26
            functions of a certifying authority within the meaning of the Environmental Planning      27
            and Assessment Act 1979.                                                                  28

      (2)   In this section:                                                                          29
            relevant provisions means the provisions of Division 2 of Part 6 of the Building          30
            Professionals Act 2005, and the regulations made under that Act for the purposes of       31
            the provisions.                                                                           32
            Note. The relevant provisions relate to a requirement to have insurance.                  33

Division 7         Miscellaneous                                                                      34

69    Satisfaction about compliance with conditions precedent to issue of strata                      35
      certificates                                                                                    36
      (1)   A person who exercises functions under this Act or another Act in reliance on a strata    37
            certificate:                                                                              38
            (a) is entitled to assume that:                                                           39
                     (i) the certificate was properly issued, and                                     40
                    (ii) all conditions precedent to the issue of the certificate have been           41
                         complied with, and                                                           42




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                   (iii)  all things that are stated in the certificate as existing or having been done   1
                          do exist or have been done, and                                                 2
             (b)   is not liable for any loss or damage arising from a matter in relation to which        3
                   the certificate was issued.                                                            4
      (2)   This section does not apply to an accredited certifier in relation to a strata certificate    5
            issued by the accredited certifier.                                                           6

70    Regulations                                                                                         7
            The regulations may make provision for or with respect to the following matters:              8
            (a) applications for and the issue of strata certificates,                                    9
            (b) the matters to be notified by accredited certifiers to local councils in relation         10
                  to strata certificates,                                                                 11
            (c) the inspections to be carried out by local councils and accredited certifiers in          12
                  relation to the issue of strata certificates,                                           13
            (d) the records to be kept by local councils and accredited certifiers in relation to         14
                  strata certificates issued, or refused, by local councils and accredited certifiers.    15




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Part 5      Staged development                                                                           1

Division 1          Preliminary                                                                          2

71    Purpose and scope of Part                                                                          3
      (1)   The purpose of this Part is to facilitate the development in stages of a parcel subject      4
            to a strata scheme.                                                                          5
      (2)   This Part does not prevent the development of a parcel otherwise than in accordance          6
            with the Part.                                                                               7

72    Definitions                                                                                        8
             In this Part:                                                                               9
             court means the Land and Environment Court.                                                 10
             development concern--see section 74.                                                         11
             permitted development--see section 73 (4).                                                   12
             warranted development--see section 73 (3) (a).                                               13

73    Explanation of staged development                                                                  14
      (1)   The proposed development in stages of a parcel subject to a strata scheme consists of:       15
            (a) the progressive improvement of the parcel by the construction of buildings or            16
                  the carrying out of works on development lots, and                                     17
            (b) the subsequent subdivision of each development lot and the consequential                 18
                  adjustment of the unit entitlement of lots in the scheme.                              19
      (2)   A development lot may be situated wholly or partly above, below or alongside the             20
            building to which the strata scheme initially relates, but must be identified as a           21
            development lot in the strata plan for the scheme when the plan is registered or in a        22
            strata plan of subdivision of a development lot.                                             23
      (3)   The development is carried out subject to a strata development contract that describes       24
            separately:                                                                                  25
            (a) any proposed development that the developer for the development lot warrants             26
                  will be carried out and may be compelled to carry out (warranted                       27
                  development), and                                                                      28
            (b) any other proposed development that the developer will be authorised but                 29
                  cannot be compelled to carry out (authorised proposals).                               30
      (4)   Warranted development and authorised proposals are referred to as permitted                  31
            development because the owners corporation of the strata scheme and other persons            32
            having estates or interests in lots included in the parcel must allow it to be carried out   33
            in accordance with the strata development contract.                                          34

74    Meaning of "development concern"                                                                   35
      (1)    A development concern, in relation to a strata development contract, is:                    36
             (a) doing any of the following in accordance with the contract:                             37
                    (i) erecting structures, carrying out works or effecting other improvements,         38
                   (ii) creating easements, dedicating land, making by-laws or entering into             39
                        covenants or management or other agreements,                                     40
                  (iii) creating or using common property,                                               41
                  (iv) adding land to the parcel,                                                        42




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                   (v)    using water, sewerage, drainage, gas, electricity, oil, garbage,            1
                          conditioned air, telephone or other services available to the parcel, or    2
                          installing additional services,                                             3
                  (vi) providing and using means of access or egress to or from a development         4
                          lot, or to or from common property,                                         5
                 (vii) subdivision of a development lot, or excising a development lot from           6
                          the parcel, and                                                             7
             (b) carrying out any other development that is permitted to be carried out because       8
                  it is included in the contract.                                                     9
      (2)   However, a development concern does not include:                                          10
            (a) subdivision of common property, or                                                    11
            (b) amendment of a strata development contract, regardless of whether the                 12
                subject-matter involved is, or relates to, a development concern.                     13

Division 2         Restriction on granting planning approval                                          14

75    Obligations of planning authorities                                                             15
      (1)   A planning authority must not grant planning approval for the subdivision of land by      16
            a strata plan for the purposes of the development in stages of a parcel under this Part   17
            unless:                                                                                   18
            (a) the proposed strata plan includes a development lot, and                              19
            (b) the application for the planning approval is accompanied by a proposed strata         20
                   development contract.                                                              21
      (2)   When a planning authority grants a planning approval in accordance with this              22
            section, it must certify in the approved form that carrying out the permitted             23
            development would not contravene:                                                         24
            (a) any condition subject to which the approval was granted, or                           25
            (b) the provisions of any environmental planning instrument in force when the             26
                  approval was granted, except to the extent, if any, specified in the certificate.   27
      (3)    A planning approval that purports to have been granted in contravention of this          28
             section is invalid.                                                                      29

Division 3         Strata development contracts and registration of contracts                         30
                   and amendments                                                                     31

76    Form and content of strata development contract                                                 32
      (1)   A strata development contract must be in the approved form.                               33
      (2)   A strata development contract must include:                                               34
            (a) a concept plan that complies with section 77, and                                     35
            (b) a description of the following:                                                       36
                    (i) the land comprising the parcel, identifying separately the development        37
                         lot or lots,                                                                 38
                   (ii) any land proposed to be added to the parcel at a later time,                  39
                  (iii) any part of the common property in relation to which the developer is to      40
                         have a right to occupy to carry out the proposed development,                41
                  (iv) any part of the proposed development that the developer is permitted by        42
                         the contract to carry out and may be compelled to carry out (identified      43




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                         in the contract as "warranted development--proposed development                1
                         subject to a warranty"),                                                      2
                   (v) any part of the proposed development that the developer is permitted by         3
                         the contract to carry out but cannot, merely because it is described in the   4
                         contract, be compelled to carry out (identified in the contract as            5
                         "authorised proposals--proposed development not subject to a                   6
                         warranty"), and                                                               7
             (c)   any other information or document prescribed by the regulations.                    8
      (3)   A strata development contract must predict a time, not more than 10 years after the         9
            day on which the contract is registered, for the conclusion of the development             10
            scheme to which it relates.                                                                11
      (4)   A strata development contract that relates to development of a part strata parcel must     12
            include a description of the part of the building and its site outside the part strata     13
            parcel.                                                                                    14
      (5)   A strata development contract cannot provide for the subdivision of common                 15
            property in a strata scheme without the consent, by special resolution, of the owners      16
            corporation.                                                                               17

77    Concept plan                                                                                     18
            A concept plan for a strata development contract must separately illustrate, in the        19
            way approved by the Registrar-General:                                                     20
            (a) the sites proposed for, and the nature of, the buildings and works that would          21
                 result from the carrying out of all permitted development under the contract,         22
                 and                                                                                   23
            (b) the sites proposed for, and the nature of, the buildings and works that would          24
                 result from the carrying out of all warranted development.                            25

78    Variation of liability for common property expenses                                              26
      (1)   A strata development contract may apportion the liability for expenses relating to the     27
            use or maintenance of common property in the strata scheme differently from the            28
            way that liability would otherwise be apportioned by the schedule of unit entitlement      29
            for the scheme.                                                                            30
      (2)   An apportionment under this section has effect despite the current schedule of unit        31
            entitlement, but does not apply to any liability that relates to the use or maintenance    32
            of the common property after the development scheme is concluded.                          33

79    Signing and lodging strata development contract and amendments                                   34
      (1)   The Registrar-General may register a strata development contract, or an amendment          35
            of a strata development contract, only if the contract or amendment is signed by all       36
            of the following:                                                                          37
            (a) the developer for the development lot,                                                 38
            (b) each registered mortgagee, chargee, covenant chargee and lessee of the                 39
                   development lot,                                                                    40
            (c) each registered mortgagee and chargee of a lease of the development lot,               41
            (d) if the contract or amendment relates to a leasehold strata scheme--the lessor           42
                   of the scheme,                                                                      43
            (e) if the amendment is required, under section 84, to be supported by any                 44
                   resolution of the owners corporation of the strata scheme--the owners                45
                   corporation.                                                                        46




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      (2)   A strata development contract, or an amendment of a strata development contract,         1
            must be lodged with the certificate required under section 75 (2) or 84 (7).             2
      (3)   The Registrar-General may refuse to register a strata development contract or an         3
            amendment of a strata development contract if written consent to the registration has    4
            not been lodged and signed by any one or more of the following that the                  5
            Registrar-General determines:                                                            6
            (a) the judgment creditor under any writ recorded in the folio for the development       7
                  lot,                                                                               8
            (b) the lessee of any common property in the strata scheme,                              9
            (c) the caveator under a caveat affecting any estate or interest in the development      10
                  lot.                                                                               11
      (4)   The same person may be more than one of the parties to a strata development              12
            contract.                                                                                13

80    Registering strata development contract and amendments                                         14
      (1)   The Registrar-General may register a strata development contract or an amendment         15
            of a strata development contract by recording the contract or amendment in the           16
            Register.                                                                                17
      (2)   The Registrar-General may refuse to register an amendment of a strata development        18
            contract if:                                                                             19
            (a) the certificate of title for the owners corporation or the common property, if       20
                  any, has not been given to the Registrar-General, or                               21
            (b) the contract does not include a revised concept plan that will comply with           22
                  section 77 after the amendment is registered.                                      23
      (3)   The Registrar-General must refuse to register a strata development contract or an        24
            amendment of a strata development contract that does not comply with this Part.          25

81    Effect of strata development contract                                                          26
      (1)   A strata development contract has effect as an agreement under seal containing the       27
            covenants specified in Schedule 3 entered into by the owners corporation and each        28
            person who for the time being is any of the following:                                   29
            (a) the developer of the strata scheme,                                                  30
            (b) if the scheme is a leasehold strata scheme--the lessor of the scheme,                 31
            (c) an owner of a lot, other than the developer,                                         32
            (d) a registered mortgagee, chargee, covenant chargee or lessee, or an occupier, of      33
                  a lot.                                                                             34
      (2)   The contract ceases to have effect:                                                      35
            (a) in relation to a person described in subsection (1) (a), (b), (c) or (d), when the   36
                  person ceases to be a person so described, and                                     37
            (b) in relation to all of the persons described in subsection (1), when the              38
                  development scheme to which the contract relates is concluded.                     39
      (3)   Subsection (2) does not affect an obligation incurred by a person, or a right that       40
            accrued to a person, under the contract before it ceased to have effect in relation to   41
            the person.                                                                              42
      (4)   A lessee entitled under a lease to immediate possession of a development lot is taken    43
            to be the developer, and the person who would otherwise be the developer is taken        44
            not to be the developer, for the purposes of this Act, the regulations and the strata    45
            development contract.                                                                    46



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      (5)   A mortgagee, chargee or covenant chargee in possession of a development lot is             1
            taken to be the developer, and the person who would otherwise be the developer is          2
            taken not to be the developer, for the purposes of this Act, the regulations and the       3
            strata development contract.                                                               4
      (6)   A strata development contract does not permit development to be carried out in             5
            contravention of this Act or any other Act or law.                                         6
      (7)   A provision in any other contract or instrument under which a strata development           7
            contract is excluded, modified or restricted is void.                                      8
      (8)   A covenant entered into under a strata development contract does not merge on the           9
            transfer of a lot.                                                                         10
      (9)   This section does not affect a right or remedy a person may have apart from a right        11
            or remedy under a strata development contract.                                             12
     (10)   However, the Strata Schemes Management Act 2015 does not apply in relation to              13
            matters arising under a strata development contract.                                       14
            Note. A strata development contract for a strata scheme is void to the extent that it is   15
            inconsistent with a strata management statement for the scheme. See section 105 (7).       16

82    Use of common property and development lot by developer                                          17
      (1)   A strata development contract may confer on a developer an exclusive, or any lesser,       18
            right to occupy common property specified in the contract.                                 19
      (2)   When carrying out permitted development under a strata development contract, a             20
            developer is entitled to use common property or a development lot to which the             21
            contract relates:                                                                          22
            (a) to the extent necessary to carry out the development, or                               23
            (b) to such other extent, if any, conferred by the contract in relation to specified       24
                  common property.                                                                     25

      (3)   A right conferred by this section may be exercised despite any other provision of this     26
            Act or any provision of the by-laws for the strata scheme or of an order under             27
            section 131 of the Strata Schemes Management Act 2015.                                     28

      (4)   However, the right must be exercised in a way that does not cause unreasonable             29
            inconvenience to the occupier of any lot.                                                  30

      (5)   The provisions of a strata development contract that relate to the maintenance or          31
            upkeep of common property have effect despite any provision of the by-laws for the         32
            strata scheme or of an order under section 131 of the Strata Schemes Management            33
            Act 2015.                                                                                  34

83    Adding land to a parcel subject to a strata development contract                                 35
      (1)   Land may be added to a parcel containing a development lot by registration of a plan       36
            as a strata plan of subdivision.                                                           37
      (2)   The plan may be registered only if:                                                        38
            (a) the land consisting of the former parcel and the additional land could be the          39
                  subject of a strata plan had the land in the former parcel not already been          40
                  subdivided under this Act, and                                                       41
            (b) the strata development contract, as in force when the plan is registered:              42
                   (i) provides for the land to be added to the parcel, and                            43
                  (ii) states whether, on it being added to the parcel, the land will become           44
                        common property, a further development lot or an addition to an                45
                        existing development lot, or any specified combination of them, and            46



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             (c)   a plan showing as a single lot the additional land and the former parcel has     1
                   been lodged for registration under the Conveyancing Act 1919.                    2
      (3)   On registration of the plan as a strata plan of subdivision, the land becomes common    3
            property, a further development lot or an addition to an existing development lot, or   4
            any specified combination of them, as provided by the strata development contract.      5

Division 4         Amendment of strata development contracts                                        6

84    Amendment of strata development contract                                                      7
      (1)   A strata development contract for a strata scheme may be amended by the developer.      8
      (2)   An amendment must be in the approved form and has effect only if it:                    9
            (a) is made in compliance with this Division, and                                       10
            (b) is registered, and                                                                  11
            (c) is not inconsistent with a registered strata management statement for the strata    12
                 scheme.                                                                            13
      (3)   A proposed amendment that involves a change in the basic architectural or               14
            landscaping design of the development, or in its essence or theme, may be made only     15
            if it is:                                                                               16
             (a) approved by the planning authority, and                                            17
            (b) supported by a unanimous resolution of the owners corporation of the strata         18
                     scheme, unless the developer is the only owner of lots in the scheme.          19
      (4)   An amendment proposed to give effect to a change in the law or a change in the          20
            requirements of a planning authority, and that does not involve a change referred to    21
            in subsection (3), may be made only if:                                                 22
             (a) it is approved by the planning authority, and                                      23
            (b) notice of the amendment is given to:                                                24
                    (i) the owners corporation of the strata scheme, and                            25
                   (ii) the owner of each lot in the scheme, other than the developer, and          26
                  (iii) each registered mortgagee, chargee, covenant chargee and lessee of a lot    27
                         in the scheme.                                                             28
      (5)   Any other proposed amendment that would require a change in the terms of a              29
            planning approval may be made only if it is:                                            30
            (a) approved by the planning authority, and                                             31
            (b) supported by a special resolution of the owners corporation of the strata           32
                  scheme.                                                                           33
      (6)   Any other proposed amendment that would not require a change in the terms of a          34
            planning approval may be made only if:                                                  35
            (a) it is supported by a resolution of the owners corporation of the strata scheme,     36
                  and                                                                               37
            (b) the application for registration, or the contract as intended to be amended, is     38
                  accompanied by a certificate, given in the approved form by the planning          39
                  authority to the effect that a change in the terms of any planning approval is    40
                  not required.                                                                     41
      (7)   A planning authority that approves an amendment of a strata development contract        42
            must give the applicant for the approval a copy of the instruments, plans and           43
            drawings that describe and illustrate the amendment and a certificate in the approved   44
            form to the effect that:                                                                45



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             (a)   the copy describes and illustrates the approved amendment, and                          1
             (b)   the contract, if amended as approved, would not be inconsistent with any                2
                   related planning approval.                                                              3
            Note. An amendment is not required to be supported by a resolution of the owners corporation   4
            if the amendment is approved by the court under section 86.                                    5

85    Notice of particular decision, and appeal                                                            6
      (1)   If a planning authority does not approve an amendment of a strata development                  7
            contract, the authority must give the applicant for the approval a notice stating:             8
             (a) the grounds for the refusal, and                                                          9
            (b) that the applicant may appeal to the court against the refusal, and                        10
             (c) the period within which the appeal may be made.                                           11
      (2)   The applicant may appeal to the court against the refusal within 12 months after               12
            receiving the notice.                                                                          13
      (3)   However, the court may, if it considers it appropriate in the circumstances, extend the        14
            period for making the appeal.                                                                  15
      (4)   A decision of the court on appeal is taken to be the final decision of the planning            16
            authority and is to be given effect as if it were the decision of the planning authority.      17

86    Approval of amendments by Land and Environment Court                                                 18
      (1)   Despite section 84, an amendment of a strata development contract is not required to           19
            be supported by a resolution of an owners corporation if the amendment is approved             20
            by the court.                                                                                  21
      (2)   The court may approve an amendment only if it is satisfied:                                    22
            (a) that a motion supporting the amendment has been defeated, or                               23
            (b) that the notice of intention to move a motion supporting the amendment has                 24
                  been given but a meeting to consider the motion has not been held within a               25
                  reasonable time after the notice was given, or                                           26
            (c) that the consent to the amendment of a mortgagee, chargee, covenant chargee                27
                  or lessee has been sought but has been refused.                                          28
      (3)   The developer must serve an application for the court's approval on all of the                 29
            following:                                                                                     30
             (a) each owner of a lot in the strata scheme, other than the developer,                       31
            (b) each person, other than the applicant, who is the owner of a development lot,              32
             (c) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the           33
                  scheme,                                                                                  34
            (d) if the strata scheme is a leasehold strata scheme--the lessor (unless the lessor            35
                  is the developer),                                                                       36
             (e) the owners corporation,                                                                   37
             (f) the planning authority.                                                                   38
      (4)   Each person entitled to be served with the application is entitled to appear and be            39
            heard on the hearing of the application.                                                       40




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Division 5         Provisions relating to development concerns                                       1

87    Right to complete permitted development                                                        2
      (1)   The vote of a developer who is permitted to carry out development because it is          3
            included in a strata development contract is sufficient to pass or defeat a motion       4
            included in the notice for a meeting of the owners corporation or its strata committee   5
            if the passing or defeat of the motion would have the effect of making a decision        6
            about a development concern.                                                             7

      (2)   A decision about a development concern need not be supported by a special or              8
            unanimous resolution of an owners corporation, despite any other provision of this        9
            Act or the Strata Schemes Management Act 2015.                                           10

      (3)   A dealing, plan or other instrument may be executed by the owners corporation or by      11
            a developer on behalf of the owners corporation for the purpose of giving effect to a    12
            decision about a development concern.                                                    13
      (4)   The regulations may impose requirements for the execution of dealings, plans and         14
            other instruments by owners corporations and developers and may require                  15
            verification by statutory declaration of the circumstances in which they were            16
            executed.                                                                                17

88    Meetings of owners corporation relating to development concerns                                18
      (1)   A motion, the passing or defeat of which at a meeting of the owners corporation or       19
            its strata committee would have the effect of making a decision about a development      20
            concern, must be:                                                                        21
             (a) identified as relating to a development concern in the notice for the meeting,      22
                    and                                                                              23
            (b) moved separately from any other kind of motion.                                      24

      (2)   A general meeting of the owners corporation for the purpose of making a decision         25
            about a development concern may be convened under Schedule 1 to the Strata               26
            Schemes Management Act 2015 by the developer or the owners of at least 25% of the        27
            lots in the strata scheme that are not development lots.                                 28

      (3)   In convening the general meeting, the developer or any of the owners convening the       29
            meeting may give notice of the meeting on behalf of the strata committee of the          30
            owners corporation.                                                                      31

      (4)   The presence of the developer (or if the developer is a corporation, of the company      32
            nominee of the corporation) constitutes a sufficient quorum for any meeting of the       33
            owners corporation or its strata committee of which notice has been properly given.      34

      (5)   Subsection (4) applies only while business relating to a development concern is being    35
            dealt with.                                                                              36
      (6)   For the purpose only of allowing development permitted by a strata development           37
            contract to be carried out, a developer (or if the developer is a corporation, the       38
            company nominee of the corporation) may exercise the functions of an owners              39
            corporation bound by the contract, or of another person having functions under the       40
            strata scheme, that are prescribed by the regulations.                                   41

      (7)   This section has effect despite any other provision of this Act or the Strata Schemes    42
            Management Act 2015.                                                                     43




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Division 6         Conclusion of development schemes                                                 1

89    When development scheme is concluded                                                           2
      (1)   A development scheme to which a strata development contract relates is concluded         3
            when any of the following happens:                                                       4
            (a) any planning approval required for carrying out the scheme is revoked,               5
            (b) a strata plan of subdivision that subdivides the last remaining unsubdivided         6
                 development lot to which the contract relates, or subdivides the residue of that    7
                 development lot after excision of part of the lot in accordance with the            8
                 contract, is registered,                                                            9
            (c) the conclusion time for the development scheme arrives,                              10
            (d) a notice in the approved form, that complies with subsection (2) and stating         11
                 that the development scheme to which the contract relates has concluded, is         12
                 registered,                                                                         13
            (e) the strata scheme to which the contract relates is terminated under Part 9 by an     14
                 order of the Supreme Court.                                                         15
      (2)   For the purpose of subsection (1) (d), the notice must:                                  16
            (a) be signed by the developer, and                                                      17
            (b) be signed by each registered mortgagee, chargee, covenant chargee and lessee         18
                  of the development lot, and                                                        19
            (c) be lodged with a certificate, given in the approved form by the owners               20
                  corporation of the strata scheme, certifying that the owners corporation has, by   21
                  unanimous resolution, agreed that the development scheme has concluded.            22
      (3)   In this section:                                                                         23
            conclusion time for a development scheme means:                                          24
             (a) the time predicted by the contract for conclusion of the development scheme,        25
                   or                                                                                26
            (b) if the time referred to in paragraph (a) is changed by an order under                27
                   section 92--the time provided for under the order.                                 28

90    Revised schedule of unit entitlement                                                           29
      (1)   If, at the conclusion of a development scheme, the owners corporation considers that     30
            the schedule of unit entitlement for the strata scheme does not apportion the unit       31
            entitlements so as to reflect the market value of the lots in the strata scheme, the     32
            owners corporation may lodge a revised schedule of unit entitlement for the scheme.      33

      (2)   The revised schedule of unit entitlement must be lodged within 2 years after the         34
            conclusion of the development scheme.                                                    35
      (3)   A revised schedule of unit entitlement must:                                             36
            (a) be in the approved form, and                                                         37
            (b) be clearly identified as a revised schedule of unit entitlement, and                 38
            (c) show, as a whole number apportioned on a market value basis and totalling the        39
                  unit entitlements, the unit entitlement of each lot, and                           40
            (d) be accompanied by a certificate in the approved form signed by a qualified           41
                  valuer certifying that the unit entitlements of the lots are apportioned on a      42
                  market value basis, and                                                            43
            (e) be accompanied by a certificate in the approved form signed by the owners            44
                  corporation and certifying that it has, by special resolution, agreed to the       45




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                   substitution of the existing schedule of unit entitlement with the revised          1
                   schedule.                                                                           2
      (4)   In this section:                                                                           3
            market value basis--see clause 1 of Schedule 2.                                             4

91    Registrar-General to record matters about conclusion of development scheme                       5
      (1)   The Registrar-General must record the conclusion of a development scheme in the            6
            folio for the owners corporation and the common property in the strata scheme.             7
      (2)   If, after the conclusion of a development scheme, a revised schedule of unit                8
            entitlement for the scheme is lodged under section 90, the Registrar-General must           9
            record it as the schedule of unit entitlement in substitution for the existing schedule    10
            of unit entitlement for the scheme.                                                        11

92    Order for extension or conclusion of development scheme                                          12
      (1)   On application made to it by any person bound by a strata development contract, the        13
            court may, by order, do either or both of the following:                                   14
            (a) defer, either generally or to a specified time, the time at which a development        15
                  scheme would otherwise be concluded,                                                 16
            (b) fix a time for the conclusion of a development scheme, whether it is an earlier        17
                  or a later time than it would otherwise be.                                          18
      (2)   The applicant for the order must serve notice of the application, in accordance with       19
            rules of court, on all of the following:                                                   20
             (a) the developer,                                                                        21
            (b) each owner of a lot in the strata scheme, other than the developer,                    22
             (c) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the       23
                   scheme,                                                                             24
            (d) if the strata scheme is a leasehold strata scheme--the lessor (unless the lessor        25
                   is the developer),                                                                  26
             (e) the owners corporation,                                                               27
             (f) the planning authority,                                                               28
            (g) the Registrar-General,                                                                 29
            (h) any other person directed by the court.                                                30
      (3)   Each person entitled to be served with notice of the application may appear and be         31
            heard on the hearing of the application.                                                   32
      (4)   An order under this section may:                                                           33
            (a) contain provisions relating to the strata scheme that the court considers              34
                  necessary because of the conclusion of the development scheme, and                   35
            (b) require the payment of an amount to or by the owners corporation or the                36
                  owners of lots to any one or more of them in addition to, or instead of, an award    37
                  of damages in the exercise of the jurisdiction conferred by section 20 (2) (d)       38
                  of the Land and Environment Court Act 1979, and                                      39
            (c) contain other provisions and requirements the court considers just and                 40
                  equitable.                                                                           41
      (5)   The court may, from time to time, vary an order under this section on the application      42
            of any person entitled to apply for an order. This section applies to an application for   43
            a variation of an order in the same way as it applies to an application for an order.      44




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Division 7         Applications for assistance                                                        1

93    Application for assistance                                                                      2
      (1)   An owners corporation or an owner of a lot, other than the developer, may apply in        3
            writing to the Secretary for assistance to bring or defend proceedings before the court   4
            relating to:                                                                              5
             (a) a strata development contract or an amendment of any such contract, or               6
            (b) an agreement implied by section 81, or                                                7
             (c) a planning approval granted in accordance with section 75 (1) or a                   8
                   modification of any such approval.                                                 9
      (2)   After receiving an application, the Secretary:                                            10
            (a) may require the applicant to give the Secretary further information about the         11
                   application that the Secretary considers may assist investigation of the           12
                   application, and                                                                   13
            (b) may refuse to proceed with the application until the further information is           14
                   given.                                                                             15
      (3)   For the purpose of this Division, an application under subsection (1) is called an        16
            application for assistance.                                                               17

94    Investigation of application                                                                    18
      (1)   The Secretary may decide to proceed with an investigation of an application for           19
            assistance or, having proceeded with an investigation, decide to discontinue the          20
            investigation.                                                                            21
      (2)   In making the decision, the Secretary must have regard to whether, in the opinion of      22
            the Secretary:                                                                            23
             (a) the application is frivolous, vexatious, misconceived or lacking in substance,       24
                  or                                                                                  25
            (b) the applicant has unreasonably delayed complying with a requirement for               26
                  further information, or                                                             27
             (c) investigation, or further investigation, is a matter for a planning authority, or    28
            (d) the applicant has an alternative and better means of redress.                         29
      (3)   The Secretary may have regard to other matters the Secretary considers appropriate.       30
      (4)   If the Secretary decides to investigate an application, the Secretary must:               31
             (a) inform the applicant of the decision, and                                            32
            (b) inform the owners corporation of the decision and the subject-matter of the           33
                   investigation, unless the owners corporation is the applicant, and                 34
             (c) inform the developer and the relevant planning authority of the decision and         35
                   the subject-matter of the investigation, and                                       36
            (d) invite each person referred to in paragraph (b) or (c), other than the applicant,     37
                   to give the Secretary a written submission about the subject-matter within a       38
                   specified period.                                                                  39
      (5)   If the Secretary decides not to investigate an application or to discontinue an           40
            investigation, the Secretary must:                                                        41
             (a) inform the applicant of the decision, and                                            42
            (b) if the decision is to discontinue an investigation--inform each other person the       43
                   Secretary informed of the original decision to investigate the application.        44




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95    Application of Fair Trading Act 1987 to investigation                                                  1
            Sections 20-22 of the Fair Trading Act 1987 apply to an investigation of an                      2
            application for assistance as if:                                                                3
            (a) references in the sections to information, documents or evidence included                    4
                  references to information, documents or evidence relating to an application for            5
                  assistance, and                                                                            6
            (b) references in the sections to an investigator included references to the                     7
                  Secretary and to any person who has been delegated the powers conferred on                 8
                  the Secretary in relation to an application for assistance, and                            9
            (c) references in the sections to that Act included references to this Act.                      10
            Note. Sections 20-22 of the Fair Trading Act 1987 provide for matters about obtaining            11
            information, documents or evidence in relation to an investigation, the inspection and copying   12
            of documents and the confidentiality of information, documents and evidence obtained.            13

96    Grant of legal assistance                                                                              14
      (1)   Division 2, other than sections 12 and 15 (6), of Part 2 of the Fair Trading Act 1987,           15
            applies to an application for assistance in the same way as it applies to an application         16
            under section 12 of that Act.                                                                    17
      (2)   The Secretary may, with the consent of the Minister administering the Fair Trading               18
            Act 1987, seek an interim restraining order under section 124 of the Environmental               19
            Planning and Assessment Act 1979 in relation to the subject-matter of the                        20
            application.                                                                                     21

      (3)   The Secretary may seek the order whether or not investigation of the application has             22
            been completed.                                                                                  23
      (4)   The order may be granted without any undertaking being given by the Secretary as                 24
            to damages.                                                                                      25
      (5)   An interim restraining order sought by the Secretary is, for the purposes of                     26
            subsection (1), taken to have been sought by the person who made the application for             27
            assistance and that person is taken to be an assisted person under Division 2 of Part 2          28
            of the Fair Trading Act 1987.                                                                    29

97    Resolution authorising application by owners corporation                                               30
      (1)   An owners corporation may, if authorised by resolution:                                          31
            (a) make an application for assistance, or                                                       32
            (b) bring proceedings referred to in section 123 of the Environmental Planning                   33
                 and Assessment Act 1979 or section 20 (1) (e) of the Land and Environment                   34
                 Court Act 1979 relating to:                                                                 35
                  (i) a strata development contract or an amendment of any such contract, or                 36
                 (ii) a planning approval granted in accordance with section 75 (1) of this                  37
                       Act or a modification of any such approval.                                           38
      (2)   Any vote cast by the developer (whether as an owner of a lot or as a mortgagee,                  39
            covenant chargee or proxy) or by a mortgagee of the developer (whether as a                      40
            mortgagee, covenant chargee or proxy) is to be disregarded in determining whether                41
            a resolution has been passed.                                                                    42




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Division 8         Miscellaneous                                                                     1

98    Functions of Secretary                                                                         2
            The Secretary may:                                                                       3
            (a) give advice about the remedies available in relation to matters arising under        4
                 this Part, and                                                                      5
            (b) try to bring the interested parties to an agreement that will settle any question,   6
                 dispute or difficulty that arises from the operation of this Part, and              7
            (c) advise the relevant planning authority of any departure from the terms of a          8
                 planning approval or strata development contract.                                   9




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Part 6       Strata management statements and easements relating                                            1
             to part strata parcels                                                                         2

Division 1          Strata management statements                                                            3

 99   Requirement to register strata management statement                                                   4
       (1)   The Registrar-General must not register a plan as a strata plan that creates a part strata     5
             parcel unless the Registrar-General also registers a strata management statement for           6
             the building and its site or waives, under subsection (2), the requirement for a strata        7
             management statement.                                                                          8
       (2)   The Registrar-General may waive the requirement for a strata management                         9
             statement:                                                                                     10
             (a) if:                                                                                        11
                     (i) the building is erected on a lot in a community scheme, and                        12
                    (ii) only part of the building and site is to be subdivided by a strata plan, and       13
                   (iii) all of the residue of the building and site is to be community property            14
                            within the meaning of the Community Land Management Act 1989, or                15
             (b) if:                                                                                        16
                     (i) the plan relates to part of a building that includes one or more part strata       17
                            parcels, and                                                                    18
                    (ii) a strata management statement has already been registered for the                  19
                            building and its site, or                                                       20
             (c) if a registered building management statement is in force for the building and             21
                    its site, or                                                                            22
             (d) if the Minister, on the grounds the Minister considers sufficient, directs.                23

100   Form and content of strata management statement                                                       24
             A strata management statement must be in the approved form and comply with                     25
             Schedule 4, and that Schedule applies to the statement.                                        26

101   Registration of strata management statement and amendment                                             27
       (1)   The Registrar-General may register a strata management statement or an amendment               28
             of a strata management statement by recording the statement or amendment in the                29
             Register.                                                                                      30
       (2)   The Registrar-General may refuse to register a strata management statement or an               31
             amendment of a strata management statement if the application for registration does            32
             not comply with a requirement of this Act or the regulations.                                  33
       (3)   The Registrar-General may register a strata management statement for a building and            34
             its site at any time part of the building is included in a part strata parcel but is not the   35
             subject of a strata management statement.                                                      36

102   Recording information about strata management statement in folios                                     37
       (1)   If a strata management statement is registered, the Registrar-General must record the          38
             following in the relevant folios:                                                              39
              (a) the existence of the statement and of each registered amendment of it,                    40
             (b) other information relating to the statement and each amendment that the                    41
                     Registrar-General considers appropriate.                                               42




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       (2)   In this section:                                                                                 1
             relevant folios means the folios for:                                                            2
              (a) each owners corporation of a strata scheme for part of the building, and                    3
             (b) each part of the building or site that does not form part of a part strata parcel.           4

103   Amendment of strata management statement                                                                5
       (1)   A registered strata management statement may be amended only if the amendment is:                6
             (a) supported by the following:                                                                  7
                     (i) a special resolution of the owners corporation of each strata scheme for             8
                          part of the building,                                                               9
                    (ii) each person in whom is vested an estate in fee simple in a part of the               10
                          building or its site that is not included in a part strata parcel,                  11
                   (iii) if the building is the subject of a leasehold strata scheme--each person              12
                          in whom is vested a leasehold estate, recorded in a folio, in a part of the         13
                          building or its site that is not included in a part strata parcel, or               14
             (b) ordered under this Act or another Act by a court, or                                         15
             (c) consequential on the revocation or modification, under section 103 of the                    16
                    Environmental Planning and Assessment Act 1979, of a planning approval.                   17
       (2)   An amendment of a strata management statement must be in the approved form and                   18
             has effect under this Part only if it is recorded in the folio for:                              19
             (a) each owners corporation of a strata scheme for part of the building, and                     20
             (b) each part of the building or site that does not form part of a part strata parcel.           21

104   Signing of strata management statement and amendment                                                    22
       (1)   The Registrar-General may register a strata management statement or an amendment                 23
             of a strata management statement only if the statement or amendment is:                          24
             (a) signed by the owners corporation of each strata scheme, if any, for a part of the            25
                    building and is accompanied by evidence to show that it is supported by a                 26
                    special resolution of the owners corporation, and                                         27
             (b) signed by each person in whom is vested an estate in fee simple in a part of the             28
                    building or its site that is not included in a part strata parcel, and                    29
             (c) if the building is the subject of a leasehold strata scheme--signed by each                   30
                    person in whom is vested a leasehold estate in a part of the building or its site         31
                    that is not included in a part strata parcel, and                                         32
             (d) signed by each registered mortgagee, chargee or covenant chargee of an estate                33
                    referred to in paragraph (b) or (c).                                                      34
       (2)   The Registrar-General may refuse to register a strata management statement or an                 35
             amendment of a strata management statement unless written consent to the                         36
             registration has been lodged and signed by one or more of the following as the                   37
             Registrar-General determines:                                                                    38
              (a) the lessee under any lease, or the judgment creditor under any writ, recorded               39
                    in a folio for an estate referred to in subsection (1) (b) or (c) or the folio relating   40
                    to any common property affected by the statement or amendment,                            41
             (b) the caveator under a caveat affecting any estate or interest referred to in                  42
                    subsection (1) (b), (c) or (d).                                                           43
       (3)   The Registrar-General may, in a particular case, waive a requirement for a signature             44
             under this section without giving notice to any person.                                          45




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105   Effect of strata management statement                                                                1
       (1)   A registered strata management statement for a building has effect as an agreement            2
             under seal containing the covenants referred to in subsection (2) entered into by each        3
             person who for the time being is:                                                             4
             (a) the owners corporation of a strata scheme for part of the building, or                    5
             (b) an owner, mortgagee in possession or lessee of a lot in a strata scheme for part          6
                   of the building, or                                                                     7
             (c) another person in whom is vested the fee simple of a part of the building or site         8
                   affected by the statement, or                                                           9
             (d) the mortgagee in possession or lessee of a part of the building or site referred          10
                   to in paragraph (c).                                                                    11
       (2)   The covenants referred to in subsection (1) are:                                              12
             (a) a covenant by which the persons jointly and severally agree to carry out their            13
                   obligations under the registered strata management statement, and                       14
             (b) a covenant by which the persons jointly and severally agree to permit the                 15
                   carrying out of the obligations.                                                        16
       (3)   The agreement ceases to have effect under this Part:                                          17
             (a) in relation to a person referred to in subsection (1) (b), (c) or (d), on the person      18
                   ceasing to be that person, and                                                          19
             (b) in relation to all persons referred to in subsection (1), on the termination of all       20
                   strata schemes to which the strata management statement relates.                        21
       (4)   Subsection (3) does not prejudice or affect an obligation incurred by, or a right that        22
             accrued to, a person under the agreement while it was in force.                               23
       (5)   A strata management statement has no effect to the extent that it is inconsistent with:       24
             (a) a condition imposed on a planning approval relating to the site of the building           25
                    to which the statement relates, or                                                     26
             (b) an order under Part 12 of the Strata Schemes Management Act 2015, or                      27
             (c) another Act or law.                                                                       28
       (6)   Subject to this Act and the regulations, a provision in any instrument under which the        29
             agreement is excluded, modified or restricted is void.                                        30
       (7)   Without limiting subsection (6), a provision of a strata development contract relating        31
             to a strata scheme is void to the extent that it is inconsistent with a provision of a        32
             strata management statement relating to the scheme.                                           33
       (8)   A covenant entered into under the agreement does not merge in a transfer of a lot.            34
       (9)   This section does not affect a right or remedy that a person may have under a strata          35
             management statement apart from a right or remedy under this Part.                            36

Division 2          Easements                                                                              37

106   Easements on registration of strata plan that creates part strata parcel                             38
       (1)   On registration of a plan as a strata plan that creates a part strata parcel, the following   39
             easements are implied in relation to the lots and common property comprising the              40
             part strata parcel and situated within a building:                                            41
             (a) an easement benefiting the lots and common property for their subjacent and               42
                    lateral support and burdening other parts of the building capable of affording         43
                    support,                                                                               44




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             (b)    an easement burdening the lots and common property for subjacent and lateral          1
                    support and benefiting other parts of the building capable of enjoying support,       2
              (c)   an easement benefiting the lots and common property for their shelter and             3
                    burdening all other parts of the building capable of affording shelter,               4
             (d)    an easement burdening the lots and common property for shelter and                    5
                    benefiting other parts of the building capable of being sheltered by the lots and     6
                    common property.                                                                      7
       (2)   All ancillary rights and obligations reasonably necessary to make easements                  8
             effective apply in relation to the easements.                                                9
       (3)   An easement for support or shelter:                                                          10
             (a) entitles the owner of the dominant tenement to enter the servient tenement to            11
                   replace, renew or restore the support or shelter, and                                  12
             (b) subsists until the easement is extinguished.                                             13
       (4)   The Registrar-General must record the easements in the Register.                             14
       (5)   This section applies despite section 88 of the Conveyancing Act 1919.                        15

107   Other easements in particular strata schemes                                                        16
       (1)   This section applies if an instrument lodged with a strata plan that creates a part strata   17
             parcel purports to create any of the following easements burdening or benefiting the         18
             part strata parcel or the land comprised in the part strata parcel:                          19
             (a) a right of vehicular access,                                                             20
             (b) a right of personal access,                                                              21
             (c) an easement for a specified service.                                                     22
       (2)   The rights and obligations conferred or imposed by the easement are the rights and           23
             obligations specified in Schedule 5, other than to the extent the rights or obligations      24
             are varied or negatived under this section or in the instrument.                             25
       (3)   The terms of an easement referred to in subsection (1) may be varied under section 47        26
             of the Real Property Act 1900, to the extent the terms relate to:                            27
             (a) the responsibility for maintaining in good order or repairing the access or other        28
                    things required for enjoyment of the easement, or                                     29
             (b) the proportions in which the persons having the benefit or burden of the                 30
                    easement are liable to contribute to the cost of maintaining in good order or         31
                    repairing the access or other things.                                                 32
       (4)   On application by a person who has an estate or interest in land that has the benefit        33
             or burden of an easement to which this section applies, the Supreme Court may, by            34
             order, vary the terms of the easement to the extent the terms relate to a matter referred    35
             to in subsection (3) (a) or (b).                                                             36
       (5)   The Registrar-General must, on application made in the approved form, make all               37
             necessary recordings in the Register to give effect to an order.                             38
       (6)   On registration under subsection (5), an order is binding on all persons entitled or         39
             later becoming entitled to the easement, whether of full age or capacity or not and          40
             whether the persons are parties to the proceedings or have been served with notice or        41
             not.                                                                                         42
       (7)   Despite section 88 of the Conveyancing Act 1919, the site of an easement for a               43
             specified service need not be identified on the strata plan.                                 44




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       (8)   In this section:                                                                         1
             drainage includes the product of rain, a storm, soakage, a spring or seepage.            2
             service means a water, sewerage, drainage, gas, electricity, oil, garbage, conditioned   3
             air, telephone, television or radio impulses or signals service or another service       4
             prescribed by the regulations.                                                           5

Division 3          Miscellaneous                                                                     6

108   Registered building management statement taken to be strata management                          7
      statement                                                                                       8
       (1)   This section applies if the Registrar-General:                                           9
             (a) registers a plan as a strata plan that creates a part strata parcel, and             10
             (b) under section 99 (2), waives the requirement for a strata management                 11
                   statement because a registered building management statement is in force for       12
                   the building and its site.                                                         13
       (2)   On registration of the plan, the building management statement is taken to be the        14
             registered strata management statement for the building and its site.                    15

109   Obligation of lessee to comply with particular management statements                            16
             In a lease of a lot or common property in a strata scheme that is part of a community    17
             scheme, an agreement by the lessee to comply with the following is implied:              18
              (a) the community management statement under the Community Land                         19
                    Development Act 1989 for the community scheme,                                    20
             (b) if the strata scheme is also part of a precinct scheme under the Community           21
                    Land Development Act 1989--the precinct management statement under that            22
                    Act for the precinct scheme.                                                      23

110   Obligation to give information about particular management statements                           24
             If it is proposed to grant a lease of a lot or common property in a strata scheme that   25
             is part of a community scheme, the lessor must include a copy of the following with      26
             the copy of the lease to be signed by the lessee:                                        27
              (a) the community management statement under the Community Land                         28
                      Development Act 1989 for the community scheme,                                  29
             (b) if the strata scheme is also part of a precinct scheme under the Community           30
                      Land Development Act 1989--the precinct management statement under that          31
                      Act for the precinct scheme.                                                    32
             Maximum penalty: 1 penalty unit.                                                         33




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Part 7       Compulsory acquisition of lots and common property                                          1

111   Application of Part                                                                                2
             This Part does not apply to:                                                                3
             (a) an easement, or                                                                         4
             (b) land in a strata scheme that is part of a community scheme.                             5

112   Restriction on resumptions affecting parcels                                                       6
       (1)   A resuming authority cannot resume land:                                                    7
             (a) comprising solely common property, unless the resumed land is defined in the            8
                   notice of resumption as a lot in a current plan, or                                   9
             (b) comprising or including all the lots in a strata scheme, unless:                        10
                    (i) the resumed land also includes all common property in the scheme and             11
                          the notice of resumption states whether the resumed land is to be              12
                          excluded from the strata scheme or to remain in the scheme, and                13
                   (ii) if any resumed land is to be excluded from the scheme--the resumed                14
                          land is defined in the notice of resumption as a lot in a current plan, and    15
                  (iii) if any resumed land is a lot that is to remain in the scheme--the resumed         16
                          land is defined in the notice of resumption as one or more lots in a strata    17
                          plan, strata plan of subdivision or strata plan of consolidation, or           18
             (c) comprising some, but not all, of the lots in a strata scheme and any common             19
                   property in the scheme, unless:                                                       20
                    (i) the notice of resumption states whether the resumed land is to be                21
                          excluded from the strata scheme or to remain in the scheme, and                22
                   (ii) if any resumed land is to be excluded from the scheme--the resumed                23
                          land is defined in the notice of resumption as a lot in a current plan, and    24
                  (iii) if any resumed land is a lot that is to remain in the scheme--the resumed         25
                          land is defined in the notice of resumption as one or more lots in a strata    26
                          plan, strata plan of subdivision or strata plan of consolidation.              27
       (2)   This section applies despite any other Act.                                                 28

113   Requirements for registration of plans to effect resumption                                        29
       (1)   The Registrar-General must not register a plan that relates to a parcel and is lodged       30
             by a resuming authority to effect a resumption referred to in section 112 (1) unless:       31
             (a) the notice of resumption complies with that subsection, and                             32
             (b) the plan includes a statement or otherwise indicates that registration of the plan      33
                    is required to effect the resumption, and                                            34
             (c) if the plan is lodged for registration as a current plan that relates to all the lots   35
                    and all the common property in a strata scheme--it is accompanied by a                36
                    certified or office copy of the minute of an order made under section 136 in         37
                    relation to the resumption, and                                                      38
             (d) if the plan is lodged for registration as a current plan that does not relate solely    39
                    to common property and is not a plan to which paragraph (c) applies--it is            40
                    accompanied by a certified or office copy of the minute of an order made under       41
                    section 115, 131 or 136, or an order dismissing the application for any such         42
                    order, in relation to the resumption.                                                43

       (2)   Despite section 22, a plan that is intended to effect a resumption and is lodged for        44
             registration as a strata plan of subdivision may be registered if it is signed or sealed    45
             by or on behalf of the resuming authority.                                                  46



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       (3)   Despite section 195D (1) of the Conveyancing Act 1919, a plan that is intended to         1
             effect a resumption and is lodged for registration as a current plan may be registered    2
             if it is signed or sealed by or on behalf of the resuming authority.                      3

114   Effect of resumption                                                                             4
       (1)   If land was common property immediately before its resumption, the land ceases to         5
             be common property and this Act ceases to apply to the land on its resumption.            6
       (2)   However, subsection (1) does not apply to a resumption of all lots and all common         7
             property in a strata scheme if the notice of resumption states the resumed land is to     8
             remain in the scheme.                                                                     9
       (3)   If a notice of resumption states that any resumed lots in a strata scheme are to be       10
             excluded from the scheme, the lots cease to be subject to the strata scheme, and this     11
             Act ceases to apply to the lots, on the resumption.                                       12
       (4)   If a notice of resumption states that any resumed land is to remain in the scheme, this   13
             Act applies in relation to the resuming authority and the resumed land as if the          14
             resuming authority had acquired the land by registration under the Real Property Act      15
             1900 of a transfer.                                                                       16
       (5)   Subsection (4) applies despite any other Act.                                             17

115   Readjustment of strata scheme for purposes of resumption                                         18
       (1)   A resuming authority may apply to the Supreme Court for an order under                    19
             subsection (4) if the resuming authority:                                                 20
             (a) proposes to resume land in a parcel and the land does not consist solely of           21
                   common property or of all the lots and all the common property comprised in         22
                   the parcel, and                                                                     23
             (b) proposes to exclude the land from the strata scheme.                                  24
       (2)   Notice of the application must be served, in accordance with rules of court, on:          25
             (a) each owner and registered mortgagee of a lot in the strata scheme, and                26
             (b) if the strata scheme is a leasehold strata scheme--the lessor of the scheme, and       27
             (c) the owners corporation, and                                                           28
             (d) if part of a lot is proposed to be resumed and the local council has not approved     29
                   of a plan referred to in section 113 (1) (d) relating to the part--the local         30
                   council, and                                                                        31
             (e) the Registrar-General, and                                                            32
              (f) any other person directed by the Supreme Court.                                      33
       (3)   A person who is entitled to be served with a notice under subsection (2) and the          34
             resuming authority are entitled to appear and be heard on the hearing of the              35
             application.                                                                              36
       (4)   The Supreme Court may, on an application made under subsection (1), make an order         37
             for or in relation to any one or more of the following matters:                           38
              (a) substituting a new schedule of unit entitlement for the existing schedule of unit    39
                    entitlement,                                                                       40
             (b) if part of a lot is to be resumed and the resuming authority proposes to exclude      41
                    the part from the strata scheme--designating as a lot the residue of the lot        42
                    affected by the resumption,                                                        43
              (c) amending a strata development contract that relates to the parcel,                   44




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              (d)   requiring the resuming authority, when resuming the land referred to in its           1
                    application, also to resume any residue referred to in paragraph (b) so that the      2
                    residue will either be excluded from the strata scheme or remain subject to the       3
                    scheme, according to the terms of the order,                                          4
              (e)   with the consent of the owner of a lot part of which is proposed to be                5
                    resumed--vesting, freed and discharged from any mortgage, charge, covenant             6
                    charge or writ, any other part of the lot in the owners corporation as common         7
                    property,                                                                             8
              (f)   any matter in relation to which the Supreme Court considers it just and                9
                    equitable, in the circumstances of the case, to make provision in the order.          10

       (5)    An order made under subsection (4):                                                         11
              (a) takes effect on the day on which the resumption referred to in the order takes          12
                    effect, and                                                                           13
              (b) has effect according to its tenor.                                                      14
       (6)    If, on an application made under subsection (1), the Supreme Court considers that an        15
              order should not be made under subsection (4):                                              16
               (a) the court may, on application made by any person entitled to appear and be             17
                      heard on the hearing of the application or on its own initiative, direct that the   18
                      application be treated as an application for an order under section 131 or 136,     19
                      and                                                                                 20
              (b) if the court makes a direction referred to in paragraph (a):                            21
                       (i) the application the subject of the direction is taken to be an application     22
                            made under section 130 or 135 by a person entitled to make the                23
                            application, and                                                              24
                      (ii) the applicant under subsection (1), and any other person entitled to           25
                            appear and be heard under those sections, is entitled to appear and be        26
                            heard on the hearing of the application.                                      27

116   Costs                                                                                               28
              The costs of proceedings for an application under section 115 are payable by the            29
              resuming authority unless the Supreme Court otherwise orders.                               30

117   Common property not to pass with lot or part of lot in certain circumstances                        31
              A resuming authority does not acquire any interest in common property in a strata           32
              scheme merely because it resumes the whole or part of a lot that immediately before         33
              the resumption was a lot in the scheme if the notice of resumption states that the lot      34
              is to be excluded from the scheme.                                                          35

118   Severance of lots by resumption                                                                     36
              For the purposes of any Act relating to the payment of compensation on the                  37
              resumption of land:                                                                         38
               (a) a part of a lot that is resumed is taken to be severed from every other part of        39
                    the lot, whether or not the part and any other part are contiguous, and               40
              (b) if the resumed land or any part of the resumed land is common property, the             41
                    beneficial interests of the owners in the common property is taken to be vested       42
                    in the owners corporation to the exclusion of the owners for the purposes of          43
                    any claim for or the payment of compensation in relation to the resumption.           44




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119   Resumption by authority bound by Act                                                             1
       (1)   Despite section 8 of the Land Acquisition (Just Terms Compensation) Act 1991, a           2
             resumption of land to which this Part and that Act apply must comply with this Part       3
             and that Act.                                                                             4
       (2)   A resumption of land to which this Part applies and to which Part 12 of the Roads Act     5
             1993 applies must comply with this Part and that Part.                                    6
       (3)   If there is an inconsistency between this Part and an Act referred to in subsection (1)   7
             or (2), this Part prevails to the extent of the inconsistency.                            8

120   Resumption by authority not bound by Act                                                         9
             If a part of a parcel is resumed by a resuming authority that is not bound by this Act    10
             and does not comply with this Part, the owners corporation or a person affected by        11
             the resumption may apply under Part 9 for an order under section 131 (Order to vary       12
             strata scheme), as if the building had been damaged or destroyed, or for an order         13
             under section 136 (Order to terminate strata scheme).                                     14




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Part 8        Particular functions of Registrar-General                                                          1

121    Registration of plans and other instruments                                                               2
       (1)    The Registrar-General may, subject to and for the purposes of this Act, register a plan            3
              or other instrument lodged for registration.                                                       4
       (2)    A plan is registered as a strata plan, strata plan of subdivision, strata plan of                  5
              consolidation or building alteration plan when the Registrar-General records on the                6
              plan, in the Register or in another record kept by the Registrar-General, the matters              7
              about the plan the Registrar-General considers appropriate.                                        8
       (3)    Subsection (2) is subject to sections 11 (2) and 16 (2).                                           9
              Note. Under sections 11 (2) and 16 (2), a plan that is lodged for registration as a strata plan    10
              or strata plan of subdivision for a leasehold strata scheme and is required to be accompanied      11
              by a lease or leases for registration under the Real Property Act 1900 is taken to be registered   12
              only when the lease or leases are registered.                                                      13
       (4)    A notice is registered as a notice of conversion when the Registrar-General records                14
              the notice in the Register.                                                                        15
       (5)    Despite any other provision of this Act, a plan or notice referred to in this section              16
              must not be registered unless all other plans or documents prescribed by the                       17
              regulations are lodged with the plan or notice.                                                    18

122    Provisions applying to plans and certain other documents                                                  19
       (1)    The Registrar-General may copy a document and certify the copy as a true copy of                   20
              the document (a certified copy).                                                                   21
       (2)    A certified copy has, for all purposes, the same validity and effect as the original               22
              document to which it relates.                                                                      23
       (3)    If the Registrar-General certifies a document under subsection (1), the                            24
              Registrar-General may destroy, or cease to keep in electronic form, the original                   25
              document to which the certified copy relates.                                                      26
       (4)    In this section:                                                                                   27
              document means:                                                                                    28
               (a) a plan, strata development contract or strata management statement, or                        29
                     amendment of a strata development contract or strata management statement,                  30
                     that is registered, or                                                                      31
              (b) a copy of a document referred to in paragraph (a), or                                          32
               (c) a strata plan or strata plan of resubdivision within the meaning of the repealed              33
                     Conveyancing (Strata Titles) Act 1961.                                                      34

123    Power to adjust unit entitlements                                                                         35
       (1)    If a whole number is obtained by dividing by a whole number the unit entitlements                  36
              of the lots and proposed lots shown on a proposed schedule of unit entitlement for a               37
              strata scheme that accompanies a plan lodged for registration, or on a revised                     38
              schedule of unit entitlement lodged under section 90, the Registrar-General may, in                39
              registering the plan, record in the folio for the common property:                                 40
               (a) as the unit entitlement of each lot, the whole number obtained in relation to the             41
                     lot, and                                                                                    42
              (b) as the aggregate unit entitlement, the appropriate aggregate unit entitlement.                 43
       (2)    If a whole number is obtained by dividing by a whole number the unit entitlement of                44
              each lot in a strata scheme, the Registrar-General may amend the schedule of unit                  45
              entitlement recorded in the folio for the common property:                                         46



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              (a)    by substituting for the unit entitlement of each lot a unit entitlement equal to        1
                     the whole number obtained in relation to the lot, and                                   2
              (b)    by substituting for the aggregate unit entitlement the appropriate aggregate            3
                     unit entitlement.                                                                       4
       (3)    The Registrar-General must, on making a recording or amendment under this                      5
              section, give the owners corporation of the strata scheme written notice of the unit           6
              entitlements and aggregate unit entitlement recorded.                                          7

124    Recordings about restrictive use conditions                                                           8
       (1)    If a strata certificate issued by a local council is subject to a restrictive use condition,    9
              or a strata certificate issued by an accredited certifier has a notation of a restrictive      10
              use condition, the Registrar-General must, on creating a folio for the lot, record the         11
              condition in the folio.                                                                        12

       (2)    A condition recorded under subsection (1) is an interest for the purposes of section 42        13
              of the Real Property Act 1900.                                                                 14
       (3)    On lodgment of an instrument referred to in section 64, the Registrar-General must             15
              record the instrument in the Register.                                                         16
       (4)    When the Registrar-General makes the record, the utility lot to which the instrument           17
              relates is released from the restriction referred to in the instrument.                        18

125    Prohibition on recordings in the Register in certain circumstances                                    19
       (1)    This section applies if the Registrar-General registers a strata plan of subdivision or        20
              a current plan in relation to a resumption referred to in section 112 (1).                     21
       (2)    Until the Registrar-General makes a recording in the Register under section 31A (3)            22
              of the Real Property Act 1900 in relation to the resumption, the Registrar-General             23
              must not:                                                                                      24
              (a) create a folio for a lot comprised in the strata plan of subdivision or a current          25
                     plan lot in the current plan, or                                                        26
              (b) make a recording in the Register by reference to any such lot or current plan              27
                     lot.                                                                                    28

126    Certain recordings to be made by Registrar-General                                                    29
       (1)    If the Registrar-General registers a strata plan of subdivision that is not a plan             30
              referred to in section 125, or registers a strata plan of consolidation, the                   31
              Registrar-General must:                                                                        32
               (a) cancel the folio for any former lot subdivided or consolidated by the                     33
                     registration of the plan, and                                                           34
              (b) create a folio for each new lot created by the subdivision or consolidation, and           35
               (c) amend the schedule of unit entitlement recorded in the folio for the common               36
                     property in the strata scheme by recording in the folio the matters the                 37
                     Registrar-General considers appropriate.                                                38
       (2)    If the Registrar-General registers a notice of conversion of a lot into common                 39
              property, the Registrar-General must:                                                          40
               (a) cancel the folio for the converted lot, and                                               41
              (b) amend the schedule of unit entitlement recorded in the folio for the common                42
                    property in the strata scheme by recording in the folio the matters the                  43
                    Registrar-General considers appropriate.                                                 44




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127    Functions if resumed land remains in strata scheme                                                1
       (1)    Subsection (2) applies if the whole of a lot, other than a lot in a strata plan of         2
              subdivision referred to in section 125, is resumed and the notice of resumption states     3
              that the resumed land is to remain in the strata scheme.                                   4
       (2)    A recording in the Register that the Registrar-General is, under section 31A (3) of the    5
              Real Property Act 1900, authorised or required to make in relation to the resumption       6
              must be made in the folio for the resumed lot.                                             7
       (3)    Subsection (4) applies if the whole of a lot in a strata plan of subdivision referred to    8
              in section 125 is resumed and the notice of resumption states that the resumed land         9
              is to be excluded from the strata scheme.                                                  10
       (4)    The Registrar-General must, after making a recording in the Register under                 11
              section 31A (3) of the Real Property Act 1900, in relation to the resumption:              12
              (a) cancel the folio for the subdivided lot, and                                           13
              (b) create a folio for each new lot, and                                                   14
              (c) amend the schedule of unit entitlement recorded in the folio for the common            15
                     property in the strata scheme by recording in the folio the matters the             16
                     Registrar-General considers appropriate.                                            17

128    Functions if resumed land is excluded from strata scheme                                          18
       (1)    If land consisting solely of common property is resumed, any recording in the              19
              Register that, under section 31A (3) of the Real Property Act 1900, the                    20
              Registrar-General is authorised or required to make must be made in the folio for the      21
              common property.                                                                           22
       (2)    Subsection (3) applies if:                                                                 23
              (a) the whole of a parcel or any part of a parcel that does not consist of common          24
                   property is resumed, and                                                              25
              (b) the notice of resumption states that the resumed land is to be excluded from           26
                   the strata scheme, and                                                                27
              (c) the Registrar-General makes a recording in the Register under section 31A (3)          28
                   of the Real Property Act 1900 in relation to the resumption.                          29
       (3)    The Registrar-General must make the recordings in the Register and create the folios       30
              the Registrar-General considers necessary or appropriate to give effect to the order       31
              made under section 115, 131 or 136 in relation to the resumed land and the strata          32
              scheme.                                                                                    33




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Part 9        Variation or termination of strata schemes                                                  1

Division 1           Preliminary                                                                          2

129    Definitions                                                                                        3
              In this Part:                                                                               4
              court means the Supreme Court.                                                              5
              section 115 termination application means an application made under section 115             6
              that, under section 115 (6) or under sections 115 (6) and 133, is treated as an             7
              application for an order under section 136.                                                 8
              section 115 variation application means an application made under section 115 that,          9
              under section 115 (6) or under sections 115 (6) and 140, is treated as an application       10
              for an order under section 131.                                                             11
              termination order:                                                                          12
               (a) for Division 3--see section 136 (1), or                                                 13
              (b) for Division 4--see section 143 (1) (a).                                                 14
              variation order--see section 131 (1).                                                        15

Division 2           Variation of strata schemes                                                          16

130    Application for order consequent on damage to or destruction of building                           17
       (1)    If a building the subject of a strata scheme is damaged or destroyed, any of the            18
              following persons may apply to the court for a variation order for the scheme:              19
               (a) an owner of a lot in the scheme,                                                       20
              (b) a registered mortgagee or covenant chargee of a lot in the scheme,                      21
               (c) if the scheme is a leasehold strata scheme--the lessor of the scheme,                   22
              (d) the owners corporation.                                                                 23
       (2)    Notice of the application must be served, in accordance with rules of court, on:            24
              (a) each person referred to in subsection (1), other than the applicant, and                25
              (b) the local council, and                                                                  26
              (c) the Registrar-General, and                                                              27
              (d) any other person directed by the court.                                                 28
       (3)    The applicant and each person entitled to be served with notice of the application          29
              may appear and be heard on the hearing of the application.                                  30

131    Order to vary strata scheme                                                                        31
       (1)    The court may, on an application made under section 130, make an order in relation          32
              to the variation of an existing strata scheme or the substitution for the existing strata   33
              scheme of a new strata scheme (each a variation order).                                     34
       (2)    A variation order may include directions about any of the following:                        35
              (a) the substitution for the existing schedule of unit entitlement of a new schedule        36
                    of unit entitlement,                                                                  37
              (b) the reinstatement in whole or in part of the building or, in the case of a part         38
                    strata parcel, of the part of the building subject to the scheme,                     39
              (c) the amendment of any strata development contract or strata management                   40
                    statement that relates to the parcel,                                                 41




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               (d)   the transfer to or vesting in the owners corporation, free from mortgages,           1
                     charges, covenant charges and writs, of the interests of owners of lots that have    2
                     been wholly or partly destroyed,                                                     3
               (e)   the application of insurance amounts received by the owners corporation in           4
                     relation to the damage to or destruction of the building,                            5
               (f)   the payment of amounts to or by the owners corporation, an owner of a lot or         6
                     a lessor of a leasehold strata scheme,                                               7
               (g)   if the order is made on a section 115 variation application--any matter               8
                     referred to in section 115 (4),                                                      9
               (h)   if the application for the order is authorised by section 120--any matter             10
                     referred to in section 115 (4) (a), (b) or (e),                                      11
               (i)   any matter in relation to which the court considers it just and equitable, in the    12
                     circumstances of the case, to make provision in the order.                           13
       (3)     A variation order has effect according to its tenor.                                       14
       (4)     The court may, from time to time, change a variation order on the application of any       15
               person entitled to appear and be heard on the hearing of the application for the order.    16

132    When order takes effect                                                                            17
               A variation order takes effect:                                                            18
               (a) if the order is made on a section 115 variation application or an application          19
                     authorised by section 120--on the day on which the resumption referred to in          20
                     the order takes effect, or                                                           21
               (b) otherwise--on the day specified in the order.                                           22

133    Direction of court to treat application differently                                                23
       (1)     If the court considers that a variation order should not be made, it may, on application   24
               made by any person entitled to appear and be heard on the hearing of the application       25
               for the order or on its own initiative, direct that the application be treated as an       26
               application for an order under section 136.                                                27
       (2)     If the court makes a direction under subsection (1):                                       28
                (a) the application the subject of the direction is taken to be made under                29
                      section 135 by a person entitled to make the application, and                       30
               (b) the applicant for the variation order, and any other person entitled to appear         31
                      and be heard under that section, is entitled to appear and be heard on the          32
                      hearing of the application.                                                         33

134    Costs                                                                                              34
               Unless the court otherwise orders, the costs of proceedings under this Division on a       35
               section 115 variation application are payable by the resuming authority.                   36

Division 3           Termination of strata schemes by order of court                                      37

135    Application for order to terminate strata scheme                                                   38
       (1)     Any of the following persons may apply to the court for a termination order for a          39
               strata scheme:                                                                             40
               (a) an owner of a lot in the scheme,                                                       41
               (b) a mortgagee or covenant chargee of a lot in the scheme,                                42




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              (c)    if the scheme is a leasehold strata scheme--the lessor of the scheme,              1
              (d)    the owners corporation.                                                           2
       (2)    Notice of the application must be served, in accordance with rules of court, on:         3
              (a) each person referred to in subsection (1), other than the applicant, and             4
              (b) the local council, and                                                               5
              (c) the Registrar-General, and                                                           6
              (d) any other person (including creditors of the owners corporation) directed by         7
                    the court.                                                                         8
       (3)    The applicant and each person entitled to be served with notice of the application        9
              may appear and be heard on the hearing of the application.                               10
       (4)    An application under subsection (1) (b) may be made by a prescribed authority            11
              having the benefit of a positive covenant only if the authority has applied under        12
              section 88I of the Conveyancing Act 1919 for an order that the land the subject of the   13
              strata scheme be transferred to the authority.                                           14
       (5)    In subsection (4), prescribed authority means a prescribed authority within the          15
              meaning of section 88D or 88E of the Conveyancing Act 1919.                              16

136    Order to terminate strata scheme                                                                17
       (1)    The court may, on an application made under section 135, make an order terminating       18
              a strata scheme (a termination order).                                                   19
       (2)    A termination order may include directions about any of the following:                   20
              (a) the sale or disposition of property of the owners corporation,                       21
              (b) the discharge of the liabilities of the owners corporation,                          22
              (c) the termination of any development scheme that relates to the parcel and the         23
                    cancellation of the strata development contract,                                   24
              (d) the termination or amendment of a strata management statement that relates to        25
                    the parcel,                                                                        26
              (e) the persons liable to contribute amounts required for the discharge of the           27
                    liabilities of the owners corporation and the proportionate liability of the       28
                    persons,                                                                           29
               (f) the distribution of the assets of the owners corporation and the proportionate      30
                    entitlement of each person under the distribution,                                 31
              (g) the administration, powers, authorities, duties and functions of the owners          32
                    corporation,                                                                       33
              (h) the voting power at meetings of the owners corporation of persons referred to        34
                    in paragraph (e) or (f),                                                           35
               (i) the winding up of the owners corporation, including the appointment, powers,        36
                    authorities, duties and functions of any person to carry out the winding up,       37
               (j) any matter in relation to which the court considers it just and equitable, in the   38
                    circumstances of the case, to make provision in the order.                         39
       (3)    The court may, from time to time, change a termination order on the application of       40
              any person entitled to appear and be heard on the hearing of the application for the     41
              order.                                                                                   42




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137    When order takes effect                                                                          1
              A termination order takes effect:                                                         2
              (a) if the order is made on a section 115 termination application or an application       3
                    authorised by section 120--on the day on which the resumption referred to in         4
                    the order takes effect, or                                                          5
              (b) otherwise--on the day specified in the order.                                          6

138    Effect of order                                                                                  7
       (1)    When a termination order takes effect:                                                    8
              (a) the estate or interest of the former owners in the part of the former parcel that      9
                   consisted of common property vested in the owners corporation as agent for           10
                   the former owners vests in the owners corporation as principal, subject only to      11
                   an estate or interest recorded in:                                                   12
                    (i) the folio, or on any registered lease or registered sublease, evidencing        13
                           the estate or interest of the owners corporation in the common property,     14
                           or                                                                           15
                   (ii) the relevant folio created under section 29 (1), and                            16
              (b) the estate or interest of each person in the part of the former parcel that did not   17
                   consist of common property vests in the owners corporation as principal,             18
                   subject only to an estate or interest recorded in:                                   19
                    (i) the folio evidencing the estate or interest of the owners corporation in        20
                           the common property comprised in the former parcel, or                       21
                   (ii) the relevant folio created under section 29 (1),                                22
                   to the extent the recorded estate or interest was capable of affecting a former      23
                   lot, and                                                                             24
              (c) each person who, immediately before the order took effect, was an owner of a          25
                   lot in the strata scheme ceases to be an owner of a lot in the scheme, and           26
              (d) each person whose estate or interest is divested by paragraph (b) has instead         27
                   the rights and liabilities conferred or imposed on the person by the order, and      28
              (e) if the strata scheme is a leasehold strata scheme and the leases or another           29
                   agreement provide for the payment of compensation for the value of                   30
                   improvements comprised in the parcel--the former lessor under the scheme is           31
                   liable to pay compensation to each former owner for the value of the                 32
                   improvements comprised in the former parcel that is attributable to the lot          33
                   leased by the former owner.                                                          34

       (2)    Compensation payable under subsection (1) (e) is to be determined in accordance           35
              with the formula set out in Schedule 6 or as otherwise agreed by the former lessor        36
              and former owner.                                                                         37

       (3)    A termination order has effect according to its tenor and despite any provision of this   38
              Act, other than this Division.                                                            39

139    Dealing with disputes about value of improvements for leasehold strata schemes                   40
       (1)    If, in relation to a former lot in a leasehold strata scheme that is terminated by a      41
              termination order, there is a dispute about the amount of compensation to be paid for     42
              the value of improvements attributable to the lot, the dispute must be resolved:          43
               (a) if provided for under the lease of the lot or the parties to the dispute otherwise   44
                      agree--by arbitration under the Commercial Arbitration Act 2010, or                45
              (b) otherwise--by order of the court.                                                      46
       (2)    An application for an order of the court may be made by any party to the dispute.         47



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       (3)     Notice of the application must be served, in accordance with rules of court, on the          1
               persons directed by the court.                                                               2
       (4)     As far as practicable, all applications relating to the same leasehold strata scheme         3
               must be heard together.                                                                      4

140    Direction of court to treat application differently                                                  5
       (1)     If the court considers that a termination order should not be made, it may, on               6
               application made by any person entitled to appear and be heard on the hearing of the         7
               application for the order or on its own initiative, direct that the application be treated   8
               as an application for a variation order.                                                     9
       (2)     If the court makes a direction under subsection (1):                                         10
                (a) the application the subject of the direction is taken to be made under                  11
                      section 130 by a person entitled to make the application, and                         12
               (b) the applicant for the termination order, and any other person entitled to appear         13
                      and be heard under that section, is entitled to appear and be heard on the            14
                      hearing of the application.                                                           15

141    Costs                                                                                                16
               Unless the court otherwise orders, the costs of proceedings under this Division in           17
               relation to the following applications are payable by the resuming authority:                18
                (a) a section 115 termination application,                                                  19
               (b) an application made under section 135 in relation to a proposed resumption of            20
                      all the lots and all the common property in a strata scheme.                          21

Division 4           Termination of strata schemes by Registrar-General                                     22

142    Application to Registrar-General for termination of strata scheme                                    23
       (1)     A person may apply to the Registrar-General for termination of a strata scheme,              24
               unless the scheme relates to a parcel that is subject to a strata development contract.      25
       (2)     Unless the Registrar-General otherwise agrees, the applicant must, at least 14 days          26
               before the application is made, publish details of the proposed termination, and a           27
               statement of intention to make the application:                                              28
               (a) in a daily newspaper circulating generally in the State, and                             29
               (b) in a local newspaper circulating generally in the area in which the parcel is            30
                     situated.                                                                              31
       (3)     Unless the Registrar-General otherwise agrees, the application must be signed by all         32
               of the following:                                                                            33
               (a) each owner of a lot in the scheme,                                                       34
               (b) if the scheme is a leasehold strata scheme--the lessor of the scheme,                     35
               (c) each registered lessee of a lot in the scheme,                                           36
               (d) each registered mortgagee, chargee and covenant chargee of a lot or of a                 37
                      registered lease of a lot or of the common property, if any, in the scheme.           38
       (4)     Also, the application must be signed by the planning authority, if any, for subdivision      39
               of the land to which it relates.                                                             40
       (5)     The application must be accompanied by:                                                      41
               (a) the certificates of title for all the lots and common property in the scheme,            42
                     unless the Registrar-General otherwise agrees, and                                     43




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              (b)    the other documents, consents and evidence the Registrar-General requires,        1
                     and                                                                               2
              (c)    if required by the Registrar-General, a plan for the parcel acceptable for        3
                     registration as a deposited plan and signed or consented to as required by        4
                     Division 3 of Part 23 of the Conveyancing Act 1919.                               5

143    Decision about terminating strata scheme                                                        6
       (1)    On receiving an application to terminate a strata scheme, the Registrar-General may:     7
              (a) make an order terminating the scheme (a termination order), or                       8
              (b) refuse to terminate the scheme.                                                      9
       (2)    A refusal by the Registrar-General to terminate a strata scheme does not prevent an      10
              application being made under section 135 for termination of the scheme.                  11

144    When order takes effect                                                                         12
              A termination order takes effect when it is recorded by the Registrar-General in the     13
              folio for the land comprising the parcel.                                                14

145    Registrar-General to record termination of strata scheme                                        15
              On recording a termination order, the Registrar-General must:                            16
              (a) cancel the folios for the lots and common property in the former parcel, and         17
              (b) if the strata scheme is a freehold strata scheme--create a folio or folios for the    18
                    land in the former parcel.                                                         19

146    Effect of order for freehold strata scheme                                                      20
              When a termination order relating to a freehold strata scheme takes effect:              21
              (a) the owners corporation is dissolved and the strata scheme is terminated, and         22
              (b) the land in the former parcel immediately before the scheme was terminated           23
                   and the assets of the former owners corporation vest in the former owners as        24
                   tenants in common in shares proportional to the unit entitlements of their          25
                   former lots (or in the former owners or in the other proportions set out in the     26
                   application), and                                                                   27
              (c) the estate or interest of the former owners in land vested by this section is        28
                   subject to any estate or interest registered or recorded, immediately before        29
                   termination of the scheme, in the folios for the lots and the common property       30
                   in the former parcel, and                                                           31
              (d) the former owners of lots are liable for the liabilities of the owners corporation   32
                   in shares proportional to the unit entitlements of their former lots, and           33
              (e) any legal proceedings begun by or against the owners corporation may be              34
                   completed by or against the former owners.                                          35

147    Effect of order for leasehold strata scheme                                                     36
              When a termination order relating to a leasehold strata scheme takes effect:             37
              (a) the owners corporation is dissolved and the strata scheme is terminated, and         38
              (b) the former leases of each former lot and the former lease of the common              39
                   property are determined, and                                                        40
              (c) the persons who, immediately before the order took effect, were owners or            41
                   lessees of the lots in the scheme cease to be owners or lessees of the lots, and    42




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              (d)    the former owners of the lots are liable for the liabilities of the owners           1
                     corporation in shares proportional to the unit entitlements of their former lots,    2
                     and                                                                                  3
              (e)    any legal proceedings begun by or against the owners corporation may be              4
                     completed by or against the former owners, and                                       5
              (f)    the assets of the former owners corporation immediately before the order took         6
                     effect vest in the former lessor of the scheme or, if the application so provides,    7
                     in the former owners as tenants in common in shares proportional to the unit          8
                     entitlements of their former lots (or in the former owners or in the other            9
                     proportions set out in the application), and                                         10
              (g)    the land that comprises the former parcel is vested in the former lessor of the      11
                     scheme freed and discharged from any mortgage or charge registered,                  12
                     immediately before termination of the scheme, in the folio for a lease of a lot      13
                     or the common property in the former scheme.                                         14

Division 5           Termination of leasehold strata schemes on expiry of leases                          15

148    Termination on expiry of leases                                                                    16
       (1)    When all leases of the lots and common property in a leasehold strata scheme expire         17
              or are otherwise determined without being wholly or partly replaced by further leases       18
              of the lots or common property registered under the Real Property Act 1900:                 19
              (a) the scheme is terminated, and                                                           20
              (b) the owners corporation is dissolved, and                                                21
              (c) if the leases or another agreement provide for the payment of compensation for          22
                     the value of improvements comprised in the parcel--the former lessor of the           23
                     scheme is liable to pay compensation to each former owner for the value of the       24
                     improvements that is attributable to the former owner's lot, and                     25
              (d) all rights vested in the owners corporation immediately before its dissolution          26
                     that, but for the dissolution, would have survived the expiry of the leases are      27
                     vested in the former owners, and                                                     28
              (e) the former owners become jointly and severally liable for all of the liabilities        29
                     of the owners corporation subsisting immediately before its dissolution, and         30
               (f) legal proceedings begun by or against the owners corporation may be                    31
                     completed by or against the former owners.                                           32
       (2)    Compensation payable under subsection (1) (c) is to be determined in accordance             33
              with the formula set out in Schedule 6 or as otherwise agreed by the former lessor          34
              and former owner.                                                                           35
       (3)    As soon as practicable after the termination of a leasehold strata scheme, the              36
              Registrar-General must, on application of the former lessor:                                37
              (a) cancel the folios for the leases of the lots and common property in the scheme,         38
                    and                                                                                   39
              (b) cancel the strata plan for the scheme, and                                              40
              (c) record on the folio for the parcel that was the subject of the scheme the fact          41
                    that the scheme is terminated.                                                        42
       (4)    Subsection (1) is subject to section 150.                                                   43




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149    Dispute about value of improvements                                                               1
       (1)    If there is a dispute about the amount of compensation to be paid to an owner or           2
              former owner for the value of improvements attributable to a lot, the dispute must be      3
              resolved:                                                                                  4
               (a) in the way provided for under the lease of the lot or agreed to by the parties to     5
                     the dispute (for example, by arbitration under the Commercial Arbitration Act       6
                     2010), or                                                                           7
              (b) otherwise--by order of the court.                                                       8
       (2)    An application for an order of the court may be made by any party to the dispute.          9
       (3)    Notice of the application must be served, in accordance with rules of court, on the        10
              persons directed by the court.                                                             11
       (4)    As far as practicable, all applications relating to the same leasehold strata scheme       12
              must be heard together.                                                                    13

150    Order to continue owners corporation for specified purposes                                       14
       (1)    At any time before the expiry of the leases of the lots and common property in a           15
              leasehold strata scheme, an owner of a lot in the scheme, the owners corporation or        16
              a creditor of the owners corporation may apply to the court for an order under             17
              subsection (4).                                                                            18

       (2)    Notice of the application must be served, in accordance with rules of court, on each       19
              person referred to in subsection (1), other than the applicant, and on the other persons   20
              directed by the court.                                                                     21

       (3)    The applicant and any person on whom notice must be served under subsection (2)            22
              is entitled to appear and be heard on the hearing of the application.                      23
       (4)    At the hearing of the application, the court may make an order to the effect that,         24
              despite the expiry of the leases of the lots and common property in the scheme, the        25
              owners corporation continues in existence for the purposes specified in the order          26
              until the date specified in the order or in a further order of the court.                  27
       (5)    The order may include directions relating to any of the following matters:                 28
              (a) the sale or disposition of property of the owners corporation,                         29
              (b) the discharge of the liabilities of the owners corporation,                            30
              (c) the termination of any development scheme,                                             31
              (d) the persons liable to contribute money for the discharge of the liabilities of the     32
                    owners corporation and the proportionate liability of the persons,                   33
              (e) the distribution of the assets of the owners corporation and the proportionate         34
                    entitlement of each person under the distribution,                                   35
               (f) the administration and functions of the owners corporation,                           36
              (g) pending legal proceedings that have been brought by or against the owners              37
                    corporation,                                                                         38
              (h) the voting power at meetings of the owners corporation of persons referred to          39
                    in paragraphs (d) and (e),                                                           40
               (i) the winding up of the owners corporation, including the appointment and               41
                    functions of a person to carry out the winding up,                                   42
               (j) another matter in relation to which the court considers it is just and equitable      43
                    to make provision in the order.                                                      44
       (6)    The order has effect despite any other provision of this Act.                              45




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       (7)    The court may vary an order made under subsection (4) on the application of any            1
              person who was entitled to appear and be heard on the hearing of the application for       2
              the order.                                                                                 3

Division 6           Miscellaneous                                                                       4

151    Interchangeability of notices                                                                     5
              A notice served under section 115, 130 or 135 may, if it relates to an application that    6
              is required to be treated as an application under another of those sections, be taken to   7
              be a notice served under the other section.                                                8

152    Consequences of making order                                                                      9
       (1)    Subject to section 128 (3), on receiving a certified or office copy of the minute of a     10
              variation order or a termination order under Division 3 (including an order relating       11
              to an amendment or cancellation of a strata development contract), the                     12
              Registrar-General must make appropriate recordings in the Register to give effect to       13
              the order.                                                                                 14
       (2)    If, on receiving a certified or office copy of the minute of a termination order under     15
              Division 3, the Registrar-General is required by subsection (1) to make recordings in      16
              the Register, the Registrar-General must:                                                  17
               (a) cancel the folios that evidence title to the lots and common property in the          18
                     former strata scheme, and                                                           19
              (b) if the scheme is a freehold strata scheme--create a folio for the estate or             20
                     interest in the former parcel that is vested in the owners corporation on the       21
                     order taking effect, and                                                            22
               (c) if the scheme is a leasehold strata scheme--record in the folio evidencing the         23
                     lessor's reversion in the former parcel that the owners corporation is the lessee   24
                     of the part of the parcel that contained the former lots and common property        25
                     in the scheme, together with any other estates or interests to which the            26
                     leasehold estate of the owners corporation in that part continues to be subject.    27




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Part 10 Strata renewal process for freehold strata schemes                                              1

Division 1          Preliminary                                                                         2

153   Application and purpose of Part                                                                   3
       (1)   This Part applies to freehold strata schemes other than the following schemes:             4
             (a) a scheme relating to a parcel that is the subject of a development contract,           5
             (b) a scheme in which one or more of the lots in the scheme are, or form part of,          6
                   a retirement village within the meaning of the Retirement Villages Act 1999.         7
       (2)   The purpose of this Part is to facilitate the collective sale or redevelopment of          8
             freehold strata schemes in accordance with the process set out in this Part.               9

154   Definitions                                                                                       10
             In this Part:                                                                              11
             ancillary order--see section 186 (1).                                                       12
             collective sale of a strata scheme means a sale of the whole strata scheme.                13
             compensation value, in relation to a lot, means:                                           14
              (a) the compensation to which the owner of the lot would be entitled as                   15
                    determined under section 55 of the Land Acquisition (Just Terms                     16
                    Compensation) Act 1991 (subject to any modifications prescribed by the              17
                    regulations), or                                                                    18
             (b) if the regulations prescribe a different method of determining that value--the          19
                    value of the lot determined in accordance with that method.                         20
             court means the Land and Environment Court.                                                21
             developer means a person or group of persons proposing to carry out a                      22
             redevelopment of a strata scheme in accordance with a strata renewal plan.                 23
             dissenting owner, in relation to a strata renewal plan, means an owner of a lot in         24
             relation to which a support notice is not in effect under this Part for the plan.          25
             independent valuer means a qualified valuer who:                                           26
              (a) has appropriate experience or expertise to undertake valuations for the purpose       27
                    of this Part, and                                                                   28
             (b) has no pecuniary or other interest that could reasonably be regarded as capable        29
                    of affecting the qualified valuer's ability to give the valuations in good faith.   30
             market value, in relation to a building and its site, means the value of the building      31
             and its site determined in accordance with the regulations.                                32
             objection means an objection filed in the court in accordance with section 180.            33
             operational period of a strata renewal committee means the period for which the            34
             committee may, under section 166, exercise its function.                                   35
             qualified request means a qualified request under section 19 of the Strata Schemes         36
             Management Act 2015.                                                                       37
             redevelopment of a strata scheme means a redevelopment of the whole strata scheme          38
             in a way that alters the scheme to the extent that its termination and replacement by      39
             a further strata plan is necessary.                                                        40
             required level of support, in relation to a strata renewal plan for a strata scheme,       41
             means the support (given in support notices that are in effect under this Part) of the     42
             owner or owners of at least 75% of the lots, other than utility lots, in the scheme.       43
             returning officer for a strata renewal plan means a person who is appointed as the         44
             returning officer for the strata renewal plan in accordance with the regulations.          45




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             strata renewal committee means a strata renewal committee established under                 1
             section 160.                                                                                2
             strata renewal plan means a strata renewal plan prepared in accordance with this            3
             Part for a strata scheme.                                                                   4
             strata renewal proposal--see section 156 (1).                                                5
             support notice--see section 174 (1).                                                         6

155   Application of Strata Schemes Management Act 2015                                                  7
       (1)   If there is an inconsistency between the Strata Schemes Management Act 2015 and              8
             this Part or an order of the court made under this Part, this Part and the order prevail     9
             to the extent of the inconsistency.                                                         10
       (2)   To remove doubt, but subject to subsection (1):                                             11
             (a) Schedule 1 to the Strata Schemes Management Act 2015 applies in relation to             12
                   a meeting of an owners corporation under this Part, and                               13
             (b) Schedule 2 to the Strata Schemes Management Act 2015 applies in relation to             14
                   a meeting of a strata committee under this Part.                                      15

Division 2          Strata renewal proposals                                                             16

156   Submission of strata renewal proposal                                                              17
       (1)   Any person (whether or not the person is the owner of a lot) may give a written             18
             proposal for the collective sale or redevelopment of a strata scheme (a strata renewal      19
             proposal) to the owners corporation of the scheme.                                          20
       (2)   A strata renewal proposal must include the information or other matters prescribed          21
             by the regulations.                                                                         22
             Note. Under section 190, particular strata renewal proposals cannot be given to an owners   23
             corporation.                                                                                24

157   Strata committee to consider proposal                                                              25
       (1)   As soon as practicable (but no later than 30 days) after the owners corporation             26
             receives a strata renewal proposal, the strata committee of the owners corporation          27
             must consider it at a meeting of the committee.                                             28
       (2)   The secretary of the owners corporation, or any other member of the strata                  29
             committee, may convene the meeting.                                                         30
       (3)   The purpose of the meeting is to decide whether or not the strata committee considers       31
             the strata renewal proposal warrants further consideration by the owners corporation.       32

       (4)   The minutes of the meeting must include:                                                    33
             (a) a complete copy of the strata renewal proposal, and                                     34
             (b) detailed reasons for the decision.                                                      35
       (5)   The strata committee must give each owner of a lot in the strata scheme a copy of the       36
             minutes within 14 days after the meeting.                                                   37

158   Convening general meeting to consider proposal                                                     38
       (1)   If the strata committee decides that the strata renewal proposal warrants further           39
             consideration by the owners corporation, it must, as soon as practicable (but no later      40
             than 30 days) after making the decision, convene a general meeting of the owners            41
             corporation to further consider the proposal.                                               42




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       (2)   Also, a general meeting of the owners corporation may be convened to consider the        1
             strata renewal proposal on a qualified request, whether or not the strata committee      2
             has considered the proposal or decided it warrants further consideration.                3
       (3)   The purpose of the general meeting is to decide whether or not the owners                4
             corporation considers the strata renewal proposal warrants investigation by a strata     5
             renewal committee.                                                                       6
       (4)   Notice of the general meeting must:                                                      7
             (a) comply with clause 1 of Schedule 7, and                                              8
             (b) be given to each owner at least 14 days before the meeting.                          9

159   Lapsing of proposal                                                                             10
       (1)   This section applies if:                                                                 11
             (a) the strata committee decides a strata renewal proposal does not warrant further      12
                   consideration by the owners corporation and a qualified request to consider the    13
                   proposal at a general meeting of the owners corporation has not been made          14
                   within 44 days after the day the strata committee made the decision, or            15
             (b) the owners corporation, under Division 3, decides a strata renewal proposal          16
                   does not warrant investigation by a strata renewal committee.                      17
       (2)   The strata renewal proposal lapses for the purpose of this Part when the decision is     18
             made.                                                                                    19

Division 3          Establishment, membership, function, operation and                                20
                    dissolution of strata renewal committees                                          21

160   Establishment of committee                                                                      22
       (1)   If the owners corporation passes a motion that the strata renewal proposal warrants      23
             investigation by a strata renewal committee, the owners corporation must, by             24
             resolution at a meeting:                                                                 25
              (a) establish a strata renewal committee to prepare a strata renewal plan for the       26
                    strata scheme, and                                                                27
             (b) elect its members.                                                                   28
       (2)   A person who has a financial interest in more than 25% of the lots (other than utility   29
             lots) in the strata scheme must not vote in a resolution to establish a strata renewal   30
             committee or be elected as a member of the committee unless the person has               31
             disclosed that fact to the owners corporation.                                           32
       (3)   The strata renewal committee must consist of a chairperson and the number of other       33
             members, not more than 8, determined by the owners corporation.                          34
       (4)   A strata renewal committee is taken to be established on the day its members are first   35
             elected under this Division.                                                             36
       (5)   A motion for the resolution to establish a strata renewal committee may include          37
             forms of motion for the matters the owners corporation considers appropriate,            38
             including the matters referred to in clause 2 of Schedule 7.                             39

161   Election of members                                                                             40
       (1)   The owners corporation may elect, as members of the strata renewal committee,            41
             persons who are eligible for appointment or election to the strata committee of the      42
             owners corporation.                                                                      43




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       (2)   Before election under subsection (1), a person must disclose to the owners                1
             corporation any pecuniary or other interest the person may have relating to the strata    2
             renewal proposal that could conflict with the proper performance of the strata            3
             renewal committee's function.                                                             4
       (3)   A person may be a member of both the strata committee and the strata renewal              5
             committee.                                                                                6
       (4)   Nomination for election as a member of a strata renewal committee may be made             7
             before or at the meeting at which it is established.                                      8

162   Notice of decision to establish committee                                                        9
       (1)   If a strata renewal committee is established for a strata scheme, the secretary of the    10
             owners corporation must, within 14 days after it is established, give written notice of   11
             the decision to the owner of each lot in the scheme.                                      12
       (2)   The notice must include the information prescribed by the regulations.                    13

163   Vacation of office                                                                               14
       (1)   A person vacates office as a member of the strata renewal committee if the person:        15
             (a) is no longer eligible for appointment or election to the strata committee of the      16
                   owners corporation, or                                                              17
             (b) was not an owner when elected as a member, or was a company nominee, and              18
                   the individual who nominated the person for election, or the corporation for        19
                   which the person is a company nominee, ceases to be an owner or notifies the        20
                   owners corporation in writing that the person's office is vacated, or               21
             (c) resigns office by written notice given to the owners corporation, or                  22
             (d) is removed from office by special resolution of the owners corporation.               23
       (2)   The owners corporation may elect a person who is eligible to be a member of the           24
             strata renewal committee to fill a vacancy in the office of a member of the committee.    25

164   Function and operation of committee                                                              26
       (1)   The function of the strata renewal committee is to prepare a strata renewal plan,         27
             relating to the strata renewal proposal for the strata scheme, for consideration by the   28
             owners corporation and the owners in accordance with this Part.                           29
       (2)   In exercising its function, the strata renewal committee:                                 30
              (a) must not spend more than the amount that the committee has, by resolution of         31
                   the owners corporation made from time to time, approval to spend in preparing       32
                   the strata renewal plan, and                                                        33
             (b) may engage persons to help it prepare the strata renewal plan (for example, a         34
                   person who gave the strata renewal proposal to the owners corporation), if the      35
                   owners corporation has delegated to the committee the authority to do so.           36
       (3)   The strata renewal committee may at any time ask the secretary of the owners              37
             corporation to convene a general meeting to approve:                                      38
             (a) amounts that may be spent by the committee in preparing a strata renewal plan,        39
                   or                                                                                  40
             (b) any other matter relating to the operation of the committee or the exercise of        41
                   its function.                                                                       42
       (4)   If, when an act or proceeding of the strata renewal committee was done, taken or          43
             commenced, there was:                                                                     44
              (a) a vacancy in the office of a member of the committee, or                             45



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             (b) any defect in the election of a member,                                               1
             any act or proceeding of the committee done in good faith is as valid as if the vacancy   2
             or defect did not exist and the committee were fully and properly constituted.            3

165   Conflicts of interest                                                                            4
       (1)   If:                                                                                       5
              (a)   a member of a strata renewal committee has a pecuniary or other interest in the    6
                    proposed collective sale or redevelopment under a strata renewal proposal, and     7
             (b) the interest may raise a conflict with the proper performance of the                   8
                    committee's function,                                                               9
             the member must, as soon as practicable after becoming aware of the potential             10
             conflict, disclose the nature of the interest to a meeting of the strata committee.       11
       (2)   On being informed of a matter under subsection (1), the strata committee must refer       12
             the matter to a meeting of the owners corporation for a decision by the owners            13
             corporation (having regard to the nature of the interest):                                14
              (a) to remove the member from office, or                                                 15
             (b) to allow the member to remain in the office and to require the member to              16
                   abstain from voting at, or participating in, a meeting of the strata renewal        17
                   committee on a matter relating to the member's interest, or                         18
              (c) to take no further action in relation to the matter and to allow the member to       19
                   remain in the office.                                                               20

       (3)   A member of a strata renewal committee must comply with any requirement made              21
             under subsection (2) (b).                                                                 22

166   Period of operation of committee                                                                 23
             Unless the strata renewal committee is earlier dissolved, the committee may exercise      24
             its function:                                                                             25
              (a) for 1 year after the day it is established, or                                       26
             (b) if the owners corporation, by special resolution made before the end of the           27
                    period referred to in paragraph (a), extends that period--for the extended          28
                    period.                                                                            29

167   Dissolution of committee                                                                         30
             A strata renewal committee is dissolved on the earliest of the following days:            31
             (a) the day the owners corporation, by resolution, dissolves the committee,               32
             (b) the day the strata renewal plan prepared by the committee lapses under this           33
                    Part,                                                                              34
             (c) the day the operational period of the committee ends, unless the required level       35
                    of support for the strata renewal plan prepared by the committee has been          36
                    obtained before that day,                                                          37
             (d) the day the owners corporation decides to apply to the court for an order to          38
                    give effect to the strata renewal plan prepared by the committee.                  39

Division 4          Procedures of strata renewal committees                                            40

168   Meetings and voting                                                                              41
       (1)   A strata renewal committee may hold its meetings at the times and in the way it           42
             decides.                                                                                  43
       (2)   The quorum for a meeting of a strata renewal committee is a majority of its members.      44



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       (3)   A decision supported by a majority of votes cast at a meeting of a strata renewal        1
             committee at which a quorum is present is the decision of the committee.                 2

169   Minutes and record of decisions                                                                 3
       (1)   A strata renewal committee must keep minutes of its meetings and a record of its         4
             decisions.                                                                               5
       (2)   Within 14 days after a meeting of the strata renewal committee, the chairperson of       6
             the committee must:                                                                      7
              (a) give a copy of the minutes of the meeting to the secretary of the owners            8
                   corporation and to each member of the committee, and                               9
             (b) if the owners corporation has a notice board, place a copy of the minutes of the     10
                   meeting on that notice board.                                                      11
       (3)   If asked by an owner of a lot in the strata scheme, the secretary of the owners          12
             corporation must give the owner a copy of the minutes of a meeting within 14 days        13
             after the request is made.                                                               14
       (4)   Nothing in this section requires the chairperson to give a copy of the minutes to        15
             himself or herself.                                                                      16

Division 5          Strata renewal plans                                                              17

170   Content of strata renewal plan                                                                  18
       (1)   A strata renewal plan for a strata scheme must include the following information:        19
             (a) a general overview of the strata renewal proposal to which it relates,               20
             (b) if the plan is for a collective sale of the scheme:                                  21
                     (i) the name of the purchaser, if known, or a proposal for marketing the         22
                          parcel for sale by public auction or tender, and                            23
                    (ii) the sale price (if known), or a minimum reserve price for the sale or        24
                          details of the way in which a minimum reserve price for the sale is to be   25
                          set, and                                                                    26
                   (iii) the proposed completion day for the sale, and                                27
                   (iv) the proposed day on which the owners of the lots are to provide vacant        28
                          possession of their lots, and                                               29
                    (v) the details, prescribed by the regulations, about costs and expenses to be    30
                          deducted from the sale price, and                                           31
                   (vi) any other terms and conditions of the proposed sale that the strata           32
                          renewal committee considers are significant,                                33
             (c) if the plan is for a redevelopment of the scheme:                                    34
                     (i) the name of the proposed developer, and                                      35
                    (ii) details of any planning approvals, or other authorisations under an Act      36
                          or otherwise, required before the redevelopment can start, and              37
                   (iii) an estimate of the period from the start to completion of the                38
                          redevelopment, and                                                          39
                   (iv) details of any periods during which the owners of lots will be required       40
                          to provide vacant possession because of the redevelopment, and              41
                    (v) details of arrangements for financing the redevelopment, and                  42
                   (vi) details of the terms of settlement and the amounts to be paid to each         43
                          dissenting owner for the purchase of the owner's lot, and                   44




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                    (vii)  details of the terms of settlement for each supporting owner including        1
                           the amount and timing of any payments to be made to the owner and, if         2
                           the owner has a right to buy back into any future scheme, details of that     3
                           right,                                                                        4
              (d)    any other information or document about the proposed collective sale or             5
                     redevelopment prescribed by the regulations.                                        6

       (2)   Subsection (1) does not limit the matters that may be included in a strata renewal          7
             plan.                                                                                       8
       (3)   If a strata renewal plan is for a collective sale of a strata scheme, the plan must          9
             provide for the purchase of each owner's lot at not less than the compensation value        10
             for the lot.                                                                                11
       (4)   If a strata renewal plan is for a redevelopment of a strata scheme, the plan must           12
             provide for each dissenting owner's lot to be purchased at not less than the                13
             compensation value for the lot.                                                             14

171   Requirements relating to sale of lots                                                              15
       (1)   If a strata renewal plan is for a collective sale of a strata scheme, the amount paid for   16
             the sale of the lots and common property in the scheme must be apportioned among            17
             the owners of the lots in the same proportions as the unit entitlements of the owners'      18
             lots.                                                                                       19
       (2)   If a strata renewal plan is for a redevelopment of a strata scheme, the amount to be        20
             paid for the sale of a dissenting owner's lot must not be less than the compensation        21
             value of the lot.                                                                           22

172   Consideration of plan by owners corporation                                                        23
       (1)   On preparing a strata renewal plan, the strata renewal committee must convene a             24
             general meeting of the owners corporation to consider the plan.                             25

       (2)   Notice of the general meeting must:                                                         26
             (a) comply with clause 3 of Schedule 7, and                                                 27
             (b) be given to each owner at least 14 days before the meeting.                             28

       (3)   The owners corporation may, by resolution, amend the strata renewal plan or decide          29
             to return the plan to the strata renewal committee for amendment.                           30
       (4)   If, under subsection (3), the strata renewal plan is returned to the strata renewal         31
             committee for amendment, subsections (1) and (2) apply in relation to the plan on           32
             completion of the amendments.                                                               33
       (5)   The owners corporation may, by special resolution, decide to give the strata renewal        34
             plan, whether or not amended in accordance with this section, to the owners for their       35
             consideration.                                                                              36
       (6)   A motion under this section is not a motion for which a priority vote can be cast under     37
             clause 24 of Schedule 1 to the Strata Schemes Management Act 2015.                          38
       (7)   A strata renewal plan is not given any force or effect merely because of a decision         39
             made under subsection (5).                                                                  40

173   Copy of plan to be given to owners                                                                 41
       (1)   If the owners corporation decides by special resolution under section 172 (5) to give       42
             the strata renewal plan to the owners for their consideration, the secretary of the         43
             owners corporation must within 14 days give a copy of the plan to each owner.               44




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       (2)   The copy of the plan must be accompanied by the information or documents                        1
             prescribed by the regulations.                                                                  2

174   Notice of owner's decision to support plan                                                             3
       (1)   An owner may, at least 60 days after receiving a copy of the strata renewal plan but            4
             before the plan lapses, give the returning officer for the plan a notice in the approved        5
             form (a support notice) that:                                                                   6
              (a) states the owner supports the plan, and                                                    7
             (b) is signed by the owner and each registered mortgagee or covenant chargee of                 8
                   the owner's lot.                                                                          9
       (2)   If a lot is owned by more than one person, each of those persons must sign the support          10
             notice.                                                                                         11
       (3)   The signature of an owner, registered mortgagee or covenant chargee (the relevant               12
             person) must be witnessed by a person who:                                                      13
             (a) is at least 18 years of age, and                                                            14
             (b) is not a party to the proposed collective sale or redevelopment to which the                15
                   support notice relates.                                                                   16
       (4)   A notice referred to in subsection (1) has effect as a support notice under this Part in        17
             relation to the owner's lot on the day it is given to the returning officer.                    18
       (5)   In giving a support notice, an owner agrees to participate in the proposed collective           19
             sale or redevelopment under the strata renewal plan to which the notice relates.                20
       (6)   In signing a support notice, a mortgagee or covenant chargee merely consents to the             21
             owner giving the notice in relation to the owner's lot and is not bound in any way by           22
             the strata renewal plan.                                                                        23
       (7)   The returning officer must:                                                                     24
             (a) keep a record showing the number of lots for which a support notice has been                25
                   given and is in effect, and                                                               26
             (b) if asked by an owner, advise the owner of the number of lots for which a                    27
                   support notice has been given and is in effect.                                           28
             Note. A support notice may be withdrawn under section 175, and ceases to have effect if it is   29
             withdrawn.                                                                                      30

175   Withdrawal of support notice                                                                           31
       (1)   An owner who has given a support notice for a strata renewal plan may, by notice in             32
             the approved form given to the returning officer for the plan, withdraw the support             33
             notice.                                                                                         34
       (2)   However, an owner cannot withdraw a support notice after the day a notice has been              35
             given under section 176 (2).                                                                    36
       (3)   If a support notice is withdrawn, it ceases to have effect as a support notice under this       37
             Part in relation to the owner's lot on the day the notice of the withdrawal is given to         38
             the owners corporation.                                                                         39

176   Notice if required level of support obtained                                                           40
       (1)   If the required level of support for a strata renewal plan is obtained before the plan          41
             lapses the returning officer for the plan must give written notice of that fact to the          42
             secretary of the owners corporation.                                                            43
       (2)   The secretary must, within 14 days after receiving the notice give written notice that          44
             the required level of support for the strata renewal plan has been obtained to:                 45



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              (a)   each owner of a lot in the strata scheme, and                                       1
              (b)   the Registrar-General.                                                              2
       (3)   On receiving the notice, the Registrar-General must make appropriate recordings in         3
             the folio for the common property in the strata scheme to show that the scheme is the      4
             subject of a strata renewal plan.                                                          5
       (4)   If requested by the Registrar-General, the owners corporation must give the                6
             Registrar-General the information about the strata renewal plan the                        7
             Registrar-General requires to make the recordings referred to in subsection (3).           8
       (5)   On and from the making of the recordings referred to in subsection (3), a support           9
             notice that is in effect for the strata renewal plan is taken to have been given under     10
             this Part by any subsequent owner, registered mortgagee or covenant chargee of the         11
             lot in relation to which the support notice was given.                                     12

177   Lapsing of plan                                                                                   13
       (1)   A strata renewal plan lapses if:                                                           14
             (a) the owners corporation decides under this Division not to give the plan to the         15
                    owners for their consideration, or                                                  16
             (b) within 3 months after the day the owners corporation decided to give the plan          17
                    to the owners for their consideration, the required level of support for the plan   18
                    has not been obtained, or                                                           19
             (c) the owners corporation decides not to apply to the court under Division 6 for          20
                    an order to give effect to the plan, or                                             21
             (d) if an application is made under Division 6 to the court for an order to give           22
                    effect to the plan--the court decides not to make the order.                         23
       (2)   If a strata renewal plan lapses under subsection (1), it ceases to have any force or       24
             effect for the purpose of this Part.                                                       25
       (3)   The owners corporation must, as soon as practicable after the strata renewal plan          26
             lapses, give written notice of that fact to the Registrar-General.                         27
       (4)   On receiving the notice, the Registrar-General must make appropriate recordings in         28
             the folio for the common property in the strata scheme to show that the scheme is no       29
             longer the subject of a strata renewal plan.                                               30

Division 6          Applying for orders to give effect to strata renewal plans                          31

178   Decision to apply for order                                                                       32
       (1)   If the required level of support for a strata renewal plan for a strata scheme is          33
             obtained:                                                                                  34
              (a) the secretary of the owners corporation, or a member of the strata renewal            35
                    committee, must convene a general meeting of the owners corporation for the         36
                    purpose of deciding whether to apply to the court for an order to give effect to    37
                    the plan, and                                                                       38
             (b) the owners corporation may, by resolution, decide to apply to the court for the        39
                    order.                                                                              40
       (2)   To remove doubt, an application for an order may be made by the owners corporation         41
             even if an owner of a lot in the strata scheme at the time the application is made is      42
             not an owner who gave a support notice for the strata renewal plan.                        43
             Note. Under section 176 (5), a subsequent owner of a lot may be taken to have given a      44
             support notice under this Part.                                                            45




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       (3)   However, the owners corporation must not apply for an order unless it is satisfied that     1
             the strata renewal plan complies with section 170.                                          2
       (4)   The secretary of the owners corporation must, within 14 days after a decision is made       3
             to apply for an order, give written notice of the decision to each tenant of a lot in the   4
             strata scheme whose name has been notified to the owners corporation as a tenant of         5
             the lot in accordance with the Strata Schemes Management Act 2015.                          6

179   Application for order                                                                              7
       (1)   An application for an order to give effect to the strata renewal plan must be               8
             accompanied by the following:                                                               9
             (a) a copy of the plan,                                                                     10
             (b) a copy of each support notice that is in effect under this Part for the plan,           11
             (c) the names of each dissenting owner and each registered mortgagee and                    12
                   covenant chargee of a dissenting owner's lot,                                         13
             (d) a declaration given by the owners corporation identifying the steps taken in            14
                   preparing the plan and obtaining the required level of support in accordance          15
                   with this Part,                                                                       16
             (e) if the plan is for a collective sale of a strata scheme:                                17
                    (i) a declaration given by the purchaser, if known, disclosing the nature of         18
                          any relationship, whether personal or commercial, the purchaser may            19
                          have with the owner of any lot in the scheme, and                              20
                   (ii) a report of an independent valuer that includes details of the market            21
                          value of the whole building and its site and details of the compensation       22
                          value of each lot,                                                             23
              (f) if the plan is for a redevelopment of a strata scheme:                                 24
                    (i) a declaration given by the developer disclosing the nature of any                25
                          relationship, whether personal or commercial, the developer may have           26
                          with an owner of any lot in the scheme, and                                    27
                   (ii) a document specifying the amount to be paid to each dissenting owner             28
                          for the owner's lot, and                                                       29
                  (iii) a report of an independent valuer that includes details of the market            30
                          value of the whole building and its site and details of the compensation       31
                          value of each dissenting owner's lot, and                                      32
                  (iv) a document detailing enough financial information to show there is a              33
                          secure source of finance for the carrying out of the proposed                  34
                          redevelopment under the plan,                                                  35
             (g) any other information or document about the proposed collective sale or                 36
                   redevelopment prescribed by the regulations.                                          37
       (2)   Notice of the application must be served, in accordance with rules of court, on:            38
             (a) each owner of a lot in the strata scheme, and                                           39
             (b) each registered mortgagee or covenant chargee of a dissenting owner's lot, and          40
             (c) if the strata renewal plan is for a collective sale of a strata scheme--the              41
                   proposed purchaser (if known), and                                                    42
             (d) if the strata renewal plan is for a redevelopment of a strata scheme--the local          43
                   council and the proposed developer (if known), and                                    44
             (e) any other person directed by the court.                                                 45




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180   Objection to application                                                                          1
       (1)   Any of the following persons may file an objection to the application for an order to      2
             give effect to the strata renewal plan:                                                    3
             (a) a dissenting owner,                                                                    4
             (b) a person on whom notice of the application must be served under                        5
                   section 179 (2) (b)-(e).                                                             6
       (2)   The objection must be filed in the court within 21 days after notice of the application    7
             is served on the person filing the objection.                                              8
       (3)   A person who files an objection need not be a party in proceedings before the court         9
             relating to the strata renewal plan.                                                       10

Division 7          Orders to give effect to strata renewal plans                                       11

181   Hearing of application                                                                            12
       (1)   The court must hear and dispose of an application for an order in proceedings before       13
             the court.                                                                                 14
       (2)   If the court orders mediation or arranges a conciliation conference in relation to the     15
             application:                                                                               16
              (a) the court may terminate the mediation or conference at any time and hear, or          17
                    continue to hear, the proceedings, or                                               18
             (b) any party to the mediation or conference may, at least 90 days after the day the       19
                    first mediation or conference session starts, ask the court to terminate the        20
                    mediation or conference and hear, or continue to hear, the proceedings, or          21
              (c) if the parties reach an agreement at mediation or the conciliation conference         22
                    and the strata renewal plan is varied under the agreement--the court may hear,       23
                    or continue to hear, the proceedings in relation to the varied plan.                24
       (3)   The court must hear, or continue to hear, the proceedings whether or not the parties       25
             reach an agreement at mediation or a conciliation conference.                              26
       (4)   If a strata renewal plan is varied at mediation or a conciliation conference, the varied   27
             plan is taken to be the strata renewal plan under this Act.                                28
       (5)   However, the court must not make an order in relation to a strata renewal plan that is     29
             varied at mediation or a conciliation conference unless:                                   30
             (a) written agreement to the variation has been given by the owner of each lot in          31
                   relation to which a support notice has been given for the plan, and                  32
             (b) written notice of the variation has been served by the owners corporation on           33
                   the following (unless otherwise directed by the court):                              34
                     (i) each dissenting owner,                                                         35
                    (ii) each person on whom notice of the application must be served under             36
                          section 179 (2) (b)-(e).                                                      37
       (6)   Any of the following persons may be joined as a party to the proceedings:                  38
             (a) a person who has filed an objection to the application and applies to be a party       39
                  to the proceedings,                                                                   40
             (b) a person directed by the court to be joined.                                           41
       (7)   In this section:                                                                           42
             conciliation conference means a conciliation conference under section 34 of the            43
             Land and Environment Court Act 1979.                                                       44




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             mediation means mediation in accordance with the Civil Procedure Act 2005.                    1

182   Decision of court                                                                                    2
       (1)   The court must make an order giving effect to the strata renewal plan if satisfied of         3
             the following matters:                                                                        4
              (a) the relationship, if any, between the owners of lots and the purchaser or a              5
                    developer has not prevented the plan being prepared in good faith,                     6
             (b) the steps taken in preparing the plan and obtaining the required level of support         7
                    were carried out in accordance with this Act,                                          8
              (c) all notices required to be served under sections 179 and 181 have been served,           9
             (d) if the plan is for a collective sale--the proposed distribution of the proceeds of         10
                    sale apportioned to each lot is not less than the compensation value of the lot        11
                    and the terms of the settlement under the plan are just and equitable in all the       12
                    circumstances,                                                                         13
              (e) if the plan is for a redevelopment--the amount to be paid to a dissenting owner           14
                    is not less than whichever of the following is greater:                                15
                     (i) the compensation value of the owner's lot,                                        16
                    (ii) an amount equal to the total consideration that would accrue to the               17
                            dissenting owner under the plan in relation to the redevelopment and the       18
                            owner's lot if that owner had given a support notice for the plan,             19
              (f) if the plan is for a redevelopment--the terms of the settlement under the plan,           20
                    as those terms apply to any dissenting owner, are just and equitable in all the        21
                    circumstances,                                                                         22
             (g) any other matter prescribed by the regulations.                                           23
       (2)   The court may, on its own initiative, vary the strata renewal plan and make an order          24
             giving effect to the varied plan if satisfied of the matters referred to in subsection (1).   25
       (3)   However, the court cannot vary a strata renewal plan under subsection (2) unless:             26
             (a) the variation is of a minor nature that does not affect the plan in any substantial       27
                 way, and                                                                                  28
             (b) written agreement to the variation has been given by the owner of each lot in             29
                 relation to which a support notice for the plan has been given.                           30
       (4)   The court must not make an order giving effect to the strata renewal plan if the court        31
             is not satisfied about the matters referred to in subsection (1).                             32
       (5)   The court must give written reasons for its decision to make, or not to make, an order.       33
       (6)   This section applies subject to section 181 (5).                                              34

183   Court order and directions                                                                           35
       (1)   If the court makes an order giving effect to a strata renewal plan for a strata scheme,       36
             the order may include directions about any of the following matters:                          37
              (a) the termination of the scheme, including, for example, the day on which the              38
                    scheme is to be terminated and the day on which vacant possession of lots and          39
                    common property in the scheme is to be given,                                          40
             (b) the winding up of the owners corporation of the scheme,                                   41
              (c) the discharge of the liabilities of the owners corporation,                              42
             (d) the persons liable to contribute amounts required for the discharge of the                43
                    liabilities of the owners corporation and the proportionate liability of the           44
                    persons,                                                                               45




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              (e)   the distribution of the assets of the owners corporation and the proportionate            1
                    entitlement of each person under the distribution,                                        2
              (f)   any other matter prescribed by the regulations.                                           3
       (2)   The owners corporation must lodge the order for registration within 7 days after it is           4
             made.                                                                                            5
       (3)   The Registrar-General must record the order on the folio for the common property                 6
             and for each lot in the strata scheme.                                                           7
       (4)   The order has effect under this Part when the Registrar-General makes the record                 8
             under subsection (3).                                                                            9

184   Effect of order relating to collective sale                                                             10
       (1)   This section applies if the court makes an order giving effect to a strata renewal plan          11
             for a collective sale of a strata scheme.                                                        12
       (2)   The owner of each lot in the strata scheme must sell the owner's lot in accordance               13
             with the strata renewal plan and the order.                                                      14
       (3)   The strata scheme is terminated on:                                                              15
             (a) the day on which all the dealings effecting the transfer of all lots and common              16
                   property in the scheme are registered, or                                                  17
             (b) if the order specifies a later day for that purpose--the later day.                           18
       (4)   On termination of the strata scheme:                                                             19
             (a) the owners corporation is dissolved, and                                                     20
             (b) the rights and liabilities of the owners corporation vest in the purchaser, unless           21
                   the order otherwise provides, and                                                          22
             (c) any legal proceedings begun by or against the owners corporation may be                      23
                   completed by or against the purchaser, and                                                 24
             (d) the purchaser must give the Registrar-General notice of the termination in the               25
                   approved form.                                                                             26
       (5)   On receiving the notice, the Registrar-General must:                                             27
             (a) cancel the folios for the lots and common property in the strata scheme, and                 28
             (b) create a folio for the land in the former parcel, and                                        29
             (c) record in the Register the matters the Registrar-General considers appropriate               30
                   to give effect to the order.                                                               31
       (6)   A lease of a lot in the strata scheme is terminated on the day stated in the strata              32
             renewal plan for giving vacant possession of the lot to the purchaser or on such later           33
             day as may be specified in the order.                                                            34
       (7)   Subject to this Part, the termination of a lease under this section does not affect a right      35
             or remedy a person may have under the lease.                                                     36
             Note. It is expected that leases would generally be terminated in accordance with the terms of   37
             the lease (or under legislation such as Division 2 of Part 5 of the Residential Tenancies Act    38
             2010) and not under this section.                                                                39

185   Effect of order relating to redevelopment                                                               40
       (1)   This section applies if the court makes an order giving effect to a strata renewal plan          41
             for a redevelopment of a strata scheme.                                                          42
       (2)   Each dissenting owner of a lot in the strata scheme must sell the owner's lot in                 43
             accordance with the strata renewal plan and the order.                                           44




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       (3)   The strata scheme is terminated on the day stated in the order for that purpose.                 1
       (4)   On termination of the strata scheme:                                                             2
             (a) the owners corporation is dissolved, and                                                     3
             (b) the rights and liabilities of the owners corporation vest in the developer or the            4
                   former owners in accordance with the strata renewal plan and the order, and                5
             (c) land in the former parcel vests in the former owners as tenants in common in                 6
                   shares proportional to the unit entitlement of their former lots, unless the strata        7
                   renewal plan otherwise provides, and                                                       8
             (d) any legal proceedings begun by or against the owners corporation may be                       9
                   completed by or against the developer, and                                                 10
             (e) the developer must give the Registrar-General notice of the termination in the               11
                   approved form.                                                                             12
       (5)   On receiving the notice, the Registrar-General must:                                             13
             (a) cancel the folios for the lots and common property in the strata scheme, and                 14
             (b) create a folio for the land in the former parcel, and                                        15
             (c) record in the Register the matters the Registrar-General considers appropriate               16
                   to give effect to the order.                                                               17
       (6)   The order does not permit development to be carried out in contravention of this Act             18
             or any other Act or law.                                                                         19
       (7)   A lease of a lot in the strata scheme is terminated on the day stated in the strata              20
             renewal plan for giving vacant possession of the lot to the developer or on such later           21
             day as may be specified in the order.                                                            22
       (8)   Subject to this Part, the termination of a lease under this section does not affect a right      23
             or remedy a person may have under the lease.                                                     24
             Note. It is expected that leases would generally be terminated in accordance with the terms of   25
             the lease (or under legislation such as Division 2 of Part 5 of the Residential Tenancies Act    26
             2010) and not under this section.                                                                27
       (9)   In this section:                                                                                 28
             former owner does not include a dissenting owner.                                                29

186   Ancillary orders                                                                                        30
       (1)   The court may make an order to provide for any ancillary or consequential matter (an             31
             ancillary order) that it considers appropriate or necessary to ensure the effectiveness          32
             of the order giving effect to a strata renewal plan.                                             33
       (2)   Without limiting subsection (1), an ancillary order may include directions about the             34
             following matters:                                                                               35
              (a) the appointment of a trustee for the sale of an owner's lot,                                36
             (b) the vesting of an owner's lot in the trustee for the purpose of selling the lot and          37
                   distributing the proceeds of sale to the owner,                                            38
              (c) the delivery of an owner's certificate of title for the owner's lot to the trustee,         39
             (d) the distribution of the assets of the owners corporation and the proportionate               40
                   entitlement of each person under the distribution,                                         41
              (e) the reallocation of unit entitlements among the lots that are subject to the strata         42
                   scheme for a reason set out in section 236 (1) of the Strata Schemes                       43
                   Management Act 2015,                                                                       44
              (f) the payment of compensation to a person because of the termination of a lease               45
                   under section 184 (6) or 185 (7).                                                          46



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       (3)    An ancillary order may be made when or at any time after the order giving effect to         1
              the strata renewal plan is made.                                                            2
       (4)    An ancillary order may be made on application by any person with the leave of the           3
              court.                                                                                      4

187   Order attaches to land and is binding                                                               5
              An order giving effect to a strata renewal plan and an ancillary order relating to that     6
              order:                                                                                      7
              (a) attaches to the parcel for the strata scheme to which the plan relates, and             8
              (b) binds the owners corporation of the strata scheme and each person who for the            9
                     time being is:                                                                       10
                      (i) an owner or registered mortgagee or covenant chargee of a lot in the            11
                            parcel, or                                                                    12
                     (ii) the purchaser or a developer under the plan, and                                13
              (c) binds any person claiming through or under or in trust for or in succession to          14
                     an owner, or who is a subsequent owner or occupier to the owner, of a lot in         15
                     the scheme.                                                                          16

Division 8          Miscellaneous                                                                         17

188   Costs                                                                                               18
       (1)    Unless the court otherwise orders:                                                          19
              (a) the reasonable costs of proceedings for an application for an order to give             20
                    effect to a strata renewal plan that are incurred by a dissenting owner are           21
                    payable by the owners corporation, and                                                22
              (b) the owners corporation cannot levy a contribution for any part of the costs on          23
                    a dissenting owner.                                                                   24

       (2)    The regulations may prescribe other matters for or with respect to the costs of             25
              proceedings for an application for an order to give effect to a strata renewal plan.        26

189   Relationship between orders and strata renewal plans                                                27
              If there is an inconsistency between a strata renewal plan and an order giving effect       28
              to the plan or an ancillary order, the order and ancillary order prevail to the extent of   29
              the inconsistency.                                                                          30

190   Limitation on submitting strata renewal proposal                                                    31
       (1)    If a strata renewal proposal or a strata renewal plan for a strata renewal proposal         32
              lapses under this Part, a person cannot give the proposal, or another strata renewal        33
              proposal that is substantially similar to that proposal, to an owners corporation within    34
              12 months after the day the proposal or plan lapses.                                        35
       (2)    An owners corporation is not required to deal with a strata renewal proposal under          36
              this Part if it is given in contravention of this section.                                  37




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Part 11 Rates and charges relating to parcels



Part 11 Rates and charges relating to parcels                                                               1

191   Definition                                                                                            2
             In this Part:                                                                                  3
             rate means a rate payable under the Local Government Act 1993.                                 4

192   Rating of lots                                                                                        5
       (1)   A rate on a rateable parcel or a rateable part of a parcel must not be made or levied          6
             on the owners corporation but, subject to this section, must be made and levied in             7
             relation to each lot comprised in the parcel as if:                                            8
              (a) the owner of each lot were the owner in fee simple in possession of the lot and            9
                    it were a separate parcel of land having a value equal to the appropriate value         10
                    apportioned to it under paragraph (c), and                                              11
             (b) the owner were, subject to any exemptions or concessions applying to the                   12
                    owner or to the owner's lot, liable for any rate made and levied by the rating          13
                    authority on the owners of land, and                                                    14
              (c) the value of each lot were an amount that bears to the corresponding value                15
                    worked out in accordance with section 26A of the Valuation of Land Act 1916             16
                    of the rateable parcel or the rateable part of the parcel, (after deducting from        17
                    the corresponding value any allowance applicable under Division 3 of Part 1B            18
                    of the Valuation of Land Act 1916) the same proportion as the unit entitlement          19
                    of that lot bears to the aggregate unit entitlement.                                    20

       (2)   If part only of a lot is rateable for any rate, the rate in relation to the lot must be made   21
             and levied on the rateable part as if the value of that part were an amount that bears         22
             to the appropriate value of the lot, worked out under subsection (1) (c), the same             23
             proportion as the rental value of the rateable part bears to the rental value of the lot.      24

       (3)   A reference in this section to a rateable parcel, or a rateable part of a parcel, in           25
             relation to any rate, is a reference to a parcel or part of a parcel that is rateable as to    26
             that rate or would be so rateable but for any exemption or concession applicable to            27
             any portion of that parcel or part (not being, in the case of a rate for water, sewerage       28
             or drainage services, an exemption or concession applicable to that portion by reason          29
             of its situation in relation to the services).                                                 30

       (4)   In this section:                                                                               31
             rating authority means an authority authorised to make and levy rates on land.                 32
             value, in relation to a parcel or a lot, means land value, improved value, improved            33
             capital value or assessed annual value.                                                        34

193   Certain lots not rateable                                                                             35
       (1)   This section applies if, for the purpose of effecting a resumption referred to in Part 7:      36
             (a) a strata plan of subdivision has been registered, or                                       37
             (b) a plan has been registered under the Conveyancing Act 1919.                                38
       (2)   Unless the resumption has been effected, a rate may not be made or levied on a lot in          39
             the strata plan of subdivision or in the registered plan.                                      40
       (3)   This section does not prevent a rate from being made or levied on land of which a lot          41
             referred to in subsection (2) forms part.                                                      42

194   Charge or fee for services                                                                            43
             A charge or fee for water, sewerage, drainage or effluent services, other than a               44
             stormwater management service within the meaning of the Local Government Act                   45



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Part 11 Rates and charges relating to parcels



             1993, rendered in relation to a parcel or part of a parcel otherwise than exclusively     1
             for the use and benefit of a particular lot:                                              2
              (a) must be worked out as if any rates in relation to the lots comprised in the parcel   3
                    were payable by the owners corporation as the rateable person under the Local      4
                    Government Act 1993 for the parcel, and                                            5
             (b) is payable by the owners corporation.                                                 6




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Part 12 General



Part 12 General                                                                                     1

195   Duty not payable for determination of lease                                                   2
            No duty is payable under the Duties Act 1997 in relation to the determination or        3
            partial determination of a lease under this Act.                                        4

196   Notice to produce electronic form plans and other documents                                   5
      (1)   As soon as practicable after a written demand requiring its production is served on a   6
            person who has lodged a plan or other document in electronic form for the purposes      7
            of this Act, the person is required to give the Registrar-General:                      8
            (a) an electronically formatted version or a hard copy version of the plan, as           9
                   directed by the Registrar-General, or the original hard copy version of the      10
                   other document, as the plan or document was when it was lodged                   11
                   electronically, and                                                              12
            (b) for a plan--the approved form for signatures on which the signatures, seals,         13
                   certificates, consents or other approvals required to authenticate, or to        14
                   authorise the registration or recording of, the plan were endorsed.              15
      (2)   In this section:                                                                        16
            written demand means a written demand of the Registrar-General served:                  17
             (a) for a plan or other document lodged for registration or recording--while the        18
                   plan or other document is lodged, or                                             19
            (b) for a plan or other document lodged other than for registration or recording--       20
                   before the period prescribed by the regulations (or a shorter period agreed to   21
                   by the Registrar-General) has expired after the plan or other document was       22
                   lodged, or                                                                       23
             (c) for a plan or other document that is registered or recorded--before the period      24
                   prescribed by the regulations (or a shorter period agreed to by the              25
                   Registrar-General) has expired after the plan or other document was registered   26
                   or recorded.                                                                     27

197   Application of Act to electronic form plans and other documents                               28
      (1)   This section applies to:                                                                29
            (a) a plan lodged for the purposes of this Act, and                                     30
            (b) another document, other than a certificate of title or an office copy of a court    31
                  order, that:                                                                      32
                    (i) is required under this Act or another Act to be lodged with the plan, or    33
                   (ii) is of a class prescribed by the regulations as a document that may be       34
                         lodged in electronic form.                                                 35
      (2)   A reference in this Act:                                                                36
            (a) to a plan or another document includes a reference to an electronic data file       37
                  containing a plan or another document in an electronic form, and                  38
            (b) to the lodging of a plan or another document includes a reference to the            39
                  electronic lodging of a plan or another document in an electronic form            40
                  approved by the Registrar-General.                                                41
      (3)   If a plan is lodged electronically, any other document that is required to be lodged    42
            with the plan must also be lodged electronically in an electronic form approved by      43
            the Registrar-General, other than:                                                      44
             (a) a certificate of title or an office copy of a court order, and                     45




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             (b)   another document excepted from this requirement by the regulations under             1
                   this Act or another Act or by the Registrar-General.                                 2
      (4)   A signature, seal, certificate, consent or other approval required to authenticate, or to   3
            authorise the registration or recording of, a plan proposed to be lodged in electronic      4
            form must be endorsed on an administration sheet.                                           5
      (5)   When a plan referred to in subsection (4) is lodged, the administration sheet must also     6
            be lodged electronically in an electronic form approved by the Registrar-General.           7
      (6)   This Act applies in relation to plans and other documents lodged in electronic form          8
            in the same way as it applies to other plans and documents, subject to any                   9
            modifications prescribed by the regulations, the Conveyancing Act 1919, the Real            10
            Property Act 1900 or the regulations under those Acts.                                      11

198   Recordings in Register or folios--generally                                                        12
            If a provision of this Act requires or provides for the Registrar-General to record a       13
            thing in the Register or a folio and the provision does not specify how it is to be         14
            recorded, the Registrar-General may make the record by recording the matters about          15
            the thing the Registrar-General considers appropriate.                                      16

199   Act to bind Crown                                                                                 17
      (1)   This Act binds the Crown in right of New South Wales and, in so far as the legislative      18
            power of the Parliament of New South Wales permits, the Crown in all its other              19
            capacities.                                                                                 20
      (2)   However, a requirement under this Act for an administration sheet for a plan or notice      21
            of conversion to include a strata certificate does not apply in relation to a plan or       22
            notice lodged by the Crown.                                                                 23

200   Delegation by Secretary                                                                           24
            The Secretary may delegate the exercise of any function of the Secretary under this         25
            Act (other than this power of delegation) to:                                               26
            (a) any person employed in the Department, or                                               27
            (b) any person, or any class of persons, authorised for the purposes of this section        28
                  by the regulations.                                                                   29

201   Proceedings for offences                                                                          30
            Proceedings for an offence under this Act or the regulations may be dealt with              31
            summarily.                                                                                  32

202   Regulations--general                                                                               33
      (1)   The Governor may make regulations, not inconsistent with this Act, for or with              34
            respect to any matter that by this Act is required or permitted to be prescribed or that    35
            is necessary or convenient to be prescribed for carrying out or giving effect to this       36
            Act.                                                                                        37
      (2)   Without limiting subsection (1), the Governor may make regulations for or with              38
            respect to any of the following:                                                            39
             (a) the preparation of plans and documents for the purposes of this Act,                   40
            (b) the plans and documents that under this Act may be lodged in the office of the          41
                  Registrar-General,                                                                    42
             (c) the registration in that office of plans and documents,                                43




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             (d)   the fees to be paid in relation to the lodgment and registration in that office of   1
                   plans and documents and the supply by that office of copies of registered or         2
                   other plans and documents,                                                           3
             (e)   the forms to be used for the purposes of this Act.                                   4
      (3)   A regulation may impose a penalty not exceeding 2 penalty units for an offence under        5
            the regulation.                                                                             6

203   Repeal of Acts                                                                                    7
            The Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes                   8
            (Leasehold Development) Act 1986 are repealed.                                              9

204   Review of Act                                                                                     10
      (1)   The Minister is to review this Act to determine whether the policy objectives of the        11
            Act remain valid and whether the terms of the Act remain appropriate for securing           12
            the objectives.                                                                             13
      (2)   The review is to be undertaken as soon as possible after the period of 5 years from         14
            the date of assent to this Act.                                                             15
      (3)   A report on the outcome of the review is to be tabled in each House of Parliament           16
            within 12 months after the end of the period of 5 years.                                    17




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Schedule 1 Requirements for plans



Schedule 1            Requirements for plans                                                                  1

                                                    (Section 4 (1), definition of "surveyor's certificate")   2

 1    Floor plans                                                                                             3
      (1)   Each wall, the inner surface or any part of which corresponds substantially to a line             4
            shown on the floor plan as a boundary of a proposed lot, must exist.                              5
      (2)   Each floor or ceiling, the upper or under surface or any part of which forms a                    6
            boundary of a proposed lot, must exist.                                                           7
      (3)   Each wall, floor, ceiling or common infrastructure, by reference to which any                     8
            boundary of a proposed lot is determined, must exist.                                             9

 2    Location plans--no part strata parcel                                                                    10
      (1)   This clause applies if the proposed parcel will not be a part strata parcel.                      11
      (2)   The building erected on the land comprising the proposed parcel and each proposed                 12
            lot shown on the location plan must be wholly within the perimeter of that land.                  13
      (3)   This clause does not apply to so much of any encroachment that is an encroachment                 14
            on to a public place or an encroachment by the building on to land other than a public            15
            place.                                                                                            16

 3    Location plans for part strata parcels                                                                  17
      (1)   This clause applies if the proposed parcel will be a part strata parcel.                          18
      (2)   The proposed parcel must include part of a building and another part of the building              19
            must be outside the proposed parcel.                                                              20
      (3)   The proposed parcel and that building must be wholly within the perimeter of the site             21
            of the building.                                                                                  22
      (4)   Each part of that building and so much, if any, of the site as constitute the proposed            23
            lots and common property, if any, must be wholly within the proposed parcel.                      24
      (5)   Subclauses (3) and (4) do not apply to so much of any encroachment that is an                     25
            encroachment on to a public place or an encroachment by the building on to land                   26
            other than a public place.                                                                        27

 4    Location plans--encroachments on private land                                                            28
            If the building encroaches on to land other than a public place, an appropriate                   29
            easement must exist or be created in accordance with section 88B of the                           30
            Conveyancing Act 1919 on registration of the proposed strata plan.                                31




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Schedule 2 Requirements for schedules of unit entitlement



Schedule 2             Requirements for schedules of unit entitlement                                           1

                                                        (Section 4 (1), definition of "valuer's certificate")   2

  1   Definitions                                                                                               3
             In this Schedule:                                                                                  4
             market value basis, in relation to the proposed unit entitlement of a lot or                       5
             development lot, means the basis for determining the value of the lot or development               6
             lot prescribed by the regulations.                                                                 7
             valuation day, in relation to apportioning unit entitlements, means the day prescribed              8
             by the regulations as the valuation day for the purposes of the clause in which the                 9
             term is used.                                                                                      10

  2   Schedule of unit entitlement for strata plan                                                              11
       (1)   A schedule of unit entitlement for a strata scheme that does not include a                         12
             development lot must show as whole numbers:                                                        13
             (a) the aggregate unit entitlement of all lots, and                                                14
             (b) apportioned on a market value basis at the valuation day and totalling the                     15
                   aggregate unit entitlement of all lots, the proposed unit entitlement of each lot.           16
       (2)   A schedule of unit entitlement for a strata scheme that includes a development lot                 17
             must show as whole numbers:                                                                        18
             (a) the aggregate unit entitlement of all lots, whether or not a development lot, and              19
             (b) apportioned on the basis of land value (within the meaning of the Valuation of                 20
                   Land Act 1916) and totalling the aggregate unit entitlement referred to in                   21
                   paragraph (a):                                                                               22
                    (i) the proposed unit entitlement of each development lot, and                              23
                   (ii) the aggregate proposed unit entitlement of all lots that are not                        24
                         development lots, being the unit entitlement attributable to the residue               25
                         of the land in the proposed parcel, and                                                26
             (c) apportioned on a market value basis at the valuation day and totalling the                     27
                   proposed unit entitlement of all lots that are not development lots, the                     28
                   proposed unit entitlement of each lot that is not a development lot.                         29

  3   Schedule of unit entitlement for strata plan of subdivision not involving common                          30
      property or development lot                                                                               31
       (1)   A schedule of unit entitlement for a proposed strata plan of subdivision altering the              32
             boundaries of one or more lots to create only two or more different lots, other than a             33
             plan to which clause 5 applies, must:                                                              34
             (a) show the proposed aggregate unit entitlement, and                                              35
             (b) show as a whole number the proposed unit entitlement of:                                       36
                     (i) each lot comprised in the parcel that is not a lot the subject of the                  37
                         proposed subdivision, and                                                              38
                    (ii) each proposed lot.                                                                     39
       (2)   A number relating to a lot other than a proposed lot must bear to the proposed                     40
             aggregate unit entitlement the same proportion that the unit entitlement of the lot                41
             bore, immediately before the plan was registered, to the aggregate unit entitlement.               42
       (3)   The sum of the numbers relating to the proposed lots must bear to the proposed                     43
             aggregate unit entitlement the same proportion that the unit entitlement or the sum of             44




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Schedule 2 Requirements for schedules of unit entitlement



             the unit entitlements of the lot or lots the subject of the proposed subdivision bore,       1
             immediately before the plan was registered, to the aggregate unit entitlement.               2

  4   Schedule of unit entitlement for strata plan of subdivision involving common                        3
      property                                                                                            4
             A schedule of unit entitlement for a proposed strata plan of subdivision, other than a       5
             plan to which clause 3 or 5 applies, must:                                                   6
             (a) show the proposed aggregate unit entitlement, and                                        7
             (b) show as a whole number the proposed unit entitlement, apportioned on a                   8
                    market value basis at the valuation day, of:                                          9
                     (i) each lot comprised in the parcel that is not a lot the subject of the            10
                           proposed subdivision, and                                                      11
                    (ii) each proposed lot, and                                                           12
             (c) be accompanied by a certificate under the seal of the owners corporation                 13
                    certifying that it has, by the special resolution referred to in section 55 (5) (a)   14
                    or 59 (c), agreed to each proposed unit entitlement and the proposed aggregate        15
                    unit entitlement shown in the schedule.                                               16

  5   Schedule of unit entitlement for strata plan of subdivision for development lot                     17
             A schedule of unit entitlement for a proposed strata plan of subdivision for a               18
             development lot must show as whole numbers:                                                  19
             (a) the current unit entitlement of the development lot intended to be subdivided,           20
                   and                                                                                    21
             (b) apportioned on a market value basis at the valuation day and totalling the unit          22
                   entitlement of the development lot, the proposed unit entitlement of each lot          23
                   or development lot to be created on registration of the plan.                          24




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Schedule 3 Covenants implied in strata development contracts



Schedule 3             Covenants implied in strata development                                           1
                       contracts                                                                         2

                                                                                      (Section 81 (1))   3

  1   Warranted development                                                                              4
             The developer agrees with the other parties jointly, and with each of them severally:       5
             (a) that the developer must carry out the development, if any, described and                6
                   identified as "warranted development--proposed development subject to a                7
                   warranty" in the strata development contract, and                                     8
             (b) that the developer must carry out the development in accordance with the                 9
                   covenants set out and implied in the contract.                                        10

  2   Permission to carry out warranted development and authorised proposals                             11
             The parties, other than the developer, jointly and severally agree with the developer       12
             that the developer is permitted to carry out, in accordance with the covenants set out      13
             or implied in the contract:                                                                 14
              (a) the warranted development, if any, and                                                 15
             (b) other development described and identified as "authorised proposals--                    16
                    proposed development not subject to a warranty" in the contract.                     17

  3   Owners corporation expenses                                                                        18
             The developer agrees with the owners corporation that the developer will pay the            19
             reasonable expenses incurred by the owners corporation:                                     20
              (a) in repairing damage to the common property caused in carrying out the                  21
                   permitted development, other than damage due to normal wear and tear, and             22
             (b) for any water, sewerage, drainage, gas, electricity, oil, garbage, conditioned air      23
                   or telephone service, and any other service prescribed by the regulations, used       24
                   in carrying out the permitted development, and                                        25
              (c) for additional administrative costs connected with the permitted development,          26
                   including the cost of giving notice of and holding any meeting required to            27
                   obtain approval of a strata plan of subdivision, and                                  28
             (d) for any amounts due under the strata management statement that are connected            29
                   with the carrying out of the permitted development.                                   30

  4   Standard of development                                                                            31
             The developer agrees with the other parties that:                                           32
              (a) the standard of materials used, finishes effected, common property                     33
                     improvements, landscaping, roadways and paths, and                                  34
             (b) the heights of buildings, other structures and works and the density of                 35
                     development,                                                                        36
             in all development permitted to be carried out by the contract must not be inferior to      37
             or substantially different from those of the completed buildings and other structures       38
             and works forming part of the parcel, other than to the extent, if any, specified in the    39
             contract.                                                                                   40

  5   Unauthorised use of the parcel                                                                     41
             The developer agrees with the other parties that the developer will not use any part        42
             of the parcel or cause any part of the parcel to be used other than:                        43




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Schedule 3 Covenants implied in strata development contracts



             (a)    to the extent necessary to carry out the development permitted to be carried out        1
                    by the strata development contract, or                                                  2
             (b)    to the extent specified in the contract.                                                3

  6   Restoration of common property                                                                        4
             The developer agrees with the other parties to make good, as soon as practicable, any          5
             damage to the common property or any part of the building and its site that is not             6
             subject to the strata scheme arising out of performance of the contract, whether or not        7
             the contract contemplates or permits the damage.                                               8

  7   Restoration of development lot                                                                        9
       (1)   The developer agrees with the other parties to make good, as soon as practicable, any          10
             damage to a development lot or any part of the building and its site that is not subject       11
             to the strata scheme arising out of performance of the contract, whether or not the            12
             contract contemplates or permits the damage.                                                   13
       (2)   For the purposes of this covenant, damage does not include damage necessarily                  14
             resulting from having carried out, in accordance with the contract, development that           15
             is permitted by the contract to be carried out.                                                16

  8   Additional covenants for vertical staged development                                                  17
             If the contract permits development to be carried out within a development lot that is         18
             wholly or partly directly above or below a part of the parcel, or the building or site,        19
             that is not a development lot, the developer agrees with the other parties:                    20
              (a) to minimise any disruption caused to other occupiers of the parcel or other               21
                     occupiers of a building of which the development lot forms part by the                 22
                     carrying out of permitted development or otherwise, and                                23
             (b) to ensure that, while permitted development is being carried out, shelter and              24
                     subjacent and lateral support, consistent with proper engineering and building         25
                     practices, are provided to other parts of the parcel, or other parts of the building   26
                     and its site, that are capable of being sheltered or of enjoying the support, and      27
              (c) to keep the developer insured, while permitted development is being carried               28
                     out, under a policy of indemnity (that complies with the matters prescribed by         29
                     the regulations) with an approved insurer within the meaning of the Strata             30
                     Schemes Management Act 2015 against claims for damage to property, or for              31
                     death or personal injury, arising out of or resulting from the carrying out of         32
                     permitted development.                                                                 33




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Schedule 4 Strata management statements



Schedule 4            Strata management statements                                                   1

                                                                                     (Section 100)   2

 1    Form of strata management statement                                                            3
            A strata management statement must include the information required by the               4
            regulations and must not be inconsistent with:                                           5
             (a) the conditions imposed on a planning approval relating to the site of the           6
                  building to which the statement relates, or                                        7
            (b) this Act or any other Act or law.                                                    8

 2    Matters that must be included                                                                  9
      (1)   A strata management statement must provide for:                                          10
            (a) the establishment and composition of a building management committee and             11
                   its office holders, and                                                           12
            (b) the functions of the committee and the office holders in managing the building       13
                   and its site, and                                                                 14
            (c) the way in which the statement may be amended, and                                   15
            (d) the settlement of disputes, or the rectification of complaints, about the            16
                   management of the building or its site, whether by requiring reference of         17
                   disputes or complaints to the Secretary or Tribunal or, with the person's         18
                   consent, to any other person for a recommendation or decision or otherwise,       19
                   and                                                                               20
            (e) the fair allocation of the costs of shared expenses relating to parts of the         21
                   building, and                                                                     22
             (f) a review process to ensure that the allocation of those costs remains fair with     23
                   any such review taking place as soon as practicable after any change in the       24
                   shared facilities or services (including any change in the use of those shared    25
                   facilities or services), with at least one such review occurring every 5 years    26
                   even if no such change has occurred, and                                          27
            (g) the manner in which notices and other documents may be served on the                 28
                   committee.                                                                        29
      (2)   A strata management statement must include details of the method used to apportion       30
            the costs of shared expenses referred to in subclause (1) (e).                           31
      (3)   Nothing in a strata management statement requires the Secretary or the Tribunal to       32
            do anything without the consent of the Secretary or the Tribunal.                        33
      (4)   In this clause, Tribunal means the Civil and Administrative Tribunal.                    34

 3    Building management committee                                                                  35
      (1)   Subject to subclauses (2) and (3), the members of the building management                36
            committee are:                                                                           37
            (a) each owners corporation for part of the building, and                                38
            (b) each person who holds:                                                               39
                   (i) an estate in fee simple in a part of the building or its site that does not   40
                        form part of a part strata parcel, or                                        41
                  (ii) if the strata scheme is a leasehold strata scheme--a leasehold estate,         42
                        directly from the person who holds an estate in fee simple, in a part of     43
                        the building or its site that does not form part of a part strata parcel.    44




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Schedule 4 Strata management statements



      (2)   An owners corporation is not required to be a member of the building management        1
            committee if the owners corporation decides, by special resolution, not to be a        2
            member and all the other members agree.                                                3
      (3)   A person, other than an owners corporation, is not required to be a member of the      4
            building management committee if the person, by written notice given to the            5
            committee, asks not to be a member and all the other members agree.                    6
      (4)   An owners corporation or other corporation that is a member of a building               7
            management committee may be represented for the purposes of the committee by a          8
            person appointed by, or selected in accordance with, a special resolution or by-law     9
            made by the owners corporation or a resolution made by the other corporation.          10
      (5)   A person appointed or selected as mentioned in subclause (4) and whose term of         11
            office as a representative has not expired or been terminated is, while representing   12
            the owners corporation or other corporation for the purposes of the committee, taken   13
            to be the owners corporation or other corporation.                                     14

 4    Other matters                                                                                15
      (1)   A strata management statement may include provisions regulating, or providing for      16
            the regulation of, any one or more of the following:                                   17
             (a) the location, control, management, use and maintenance of a part of the           18
                   building or its site that is a means of access,                                 19
            (b) the storage and collection of garbage on and from the various parts of the         20
                   building,                                                                       21
             (c) meetings of the building management committee,                                    22
            (d) the keeping of records of proceedings of the committee.                            23
      (2)   A strata management statement may include particulars relating to any one or more      24
            of the following:                                                                      25
            (a) safety and security measures,                                                      26
            (b) the appointment of a managing agent,                                               27
            (c) the control of unacceptable noise levels,                                          28
            (d) prohibiting or regulating trading activities,                                      29
            (e) service contracts,                                                                 30
             (f) an architectural code to preserve the appearance of the building.                 31
      (3)   This clause does not limit the matters that may be included in a strata management     32
            statement.                                                                             33
      (4)   A strata management statement may incorporate plans and other instruments as part      34
            of the statement.                                                                      35

 5    Implied provisions                                                                           36
            A strata management statement is taken to include the following provisions, except     37
            to the extent that it provides otherwise:                                              38
             (a) the building management committee must meet at least once a year,                 39
            (b) at least 7 days' notice of a meeting must be given to each person who is a         40
                   member of the committee (and notice may be given personally or by post or in    41
                   any way any other notice may be given to the person under this Act),            42
             (c) the quorum for a meeting of the committee is a majority of the members,           43
            (d) the decision of a majority of the members present and voting at a meeting of       44
                   the committee is the decision of the committee.                                 45



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Schedule 5 Rights and obligations implied in certain easements



Schedule 5             Rights and obligations implied in certain                                         1
                       easements                                                                         2

                                                                                     (Section 107 (2))   3

  1   Definitions                                                                                        4
       (1)   In this Schedule:                                                                           5
             pipes includes cables, tubes, wires and conduits of all kinds.                              6
             service has the same meaning as it has in section 107 (8).                                  7
       (2)   For the purposes of this Schedule, a reference to a person entitled to the benefit of a      8
             right of vehicular or personal access, or of an easement for a specified service, is a       9
             reference to:                                                                               10
              (a) if a part strata parcel is the dominant tenement:                                      11
                      (i) an owner of a lot within the parcel, or                                        12
                     (ii) the owners corporation of the strata scheme, or                                13
                   (iii) any person authorised by the owner or owners corporation, or                    14
                    (iv) any person who is, under an Act, entitled to immediate possession of the        15
                           lot, or                                                                       16
             (b) if a part strata parcel is the servient tenement:                                       17
                      (i) a person entitled to an estate or interest in possession in the dominant       18
                           tenement, or                                                                  19
                     (ii) if the strata scheme is a leasehold strata scheme--the lessor of the            20
                           scheme, or                                                                    21
                   (iii) any person authorised by a person referred to in subparagraph (i) or (ii).      22

  2   Right of vehicular access                                                                          23
             Each person entitled to the benefit of a right of vehicular access has at all times an      24
             unrestricted right:                                                                         25
             (a) to pass and repass, with or without vehicles, machinery, implements and other           26
                   equipment of any kind, over the roadways, ramps and land over which the               27
                   right of access is created, and                                                       28
             (b) to carry out an inspection of the roadways, ramps and land.                             29

  3   Right of personal access                                                                           30
             Each person entitled to the benefit of a right of personal access has at all times an       31
             unrestricted right:                                                                         32
             (a) to pass and repass, without vehicles but with or without hand tools, hand               33
                   implements and other equipment capable of being carried by hand, over the             34
                   stairs, escalators, lifts, passages, corridors, shafts and other areas over which     35
                   the right of access is created, and                                                   36
             (b) to carry out an inspection of the stairs, escalators, lifts, passages, corridors,       37
                   shafts and other areas.                                                               38

  4   Obligations relating to rights of access                                                           39
       (1)   If a right of vehicular or personal access is created to burden or benefit a part strata    40
             parcel, the roadways, ramps, land, stairs, escalators, lifts, passages, corridors, shafts   41
             and other areas to which the right relates must be maintained in good order and be          42
             repaired:                                                                                   43




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Schedule 5 Rights and obligations implied in certain easements



              (a)   by the owners corporation, or by another person shown in the instrument by         1
                    which the right is created, or in any instrument in an approved form by which      2
                    the instrument is varied, as having responsibility for the matters, or             3
             (b)    if an instrument referred to in paragraph (a) does not show who is responsible     4
                    for the matters, by the person or, if more than one, jointly by the persons        5
                    entitled to an estate or interest in possession in the dominant tenement.          6

       (2)   If an owners corporation or another person:                                               7
              (a) fails to carry out a responsibility imposed by subclause (1), and                    8
             (b) at least 7 days have passed since the failure first arose,                             9
             the owners corporation or other person may take all lawful steps necessary to ensure      10
             that the responsibility is carried out.                                                   11

  5   Easements for services                                                                           12
       (1)   Each person entitled to the benefit of an easement for a specified service has at all     13
             times an unrestricted right:                                                              14
              (a) to the passage of the service, to any extent consistent with the rights of other     15
                   persons having the same or similar rights, along or through any existing line       16
                   of pipes or any existing apparatus that is for the time being within the burdened   17
                   land, other than when it is necessary to stop the service for essential             18
                   maintenance or repairs relating to the service, and                                 19
             (b) to inspect the pipes or apparatus to which the easement relates, and                  20
              (c) for the purpose of maintaining the efficiency of the pipes or apparatus:             21
                     (i) to enter the part of the burdened land in relation to which the easement      22
                          is created by a route that is reasonable in the circumstances, and           23
                    (ii) to remain on the part of the burdened land for the time reasonably            24
                          necessary for the purpose of replacing, inspecting, cleaning, repairing,     25
                          maintaining or renewing the pipes or apparatus or any part of the pipes      26
                          or apparatus and of making reasonably necessary excavations.                 27
       (2)   Subclause (1) (c) is subject to the conditions that:                                      28
             (a) the burdened land is disturbed as little as possible, and                             29
             (b) any excavated surface is restored as nearly as possible to its original state, and    30
             (c) any other damage attributable to the operations referred to in this clause is         31
                   repaired.                                                                           32
       (3)   In this clause, a reference to burdened land is a reference to:                           33
              (a) if a part strata parcel is the dominant tenement, so much of the following that      34
                    is not part of a parcel:                                                           35
                      (i) the building, part of which is subject to the strata scheme,                 36
                     (ii) the site of the building, or                                                 37
             (b) if a part strata parcel is the servient tenement, the parcel.                         38

  6   Obligations relating to an easement for the provision of services                                39
       (1)   If an easement for services is created to burden or benefit a part strata parcel, the     40
             pipes or apparatus to which the easement relates must be maintained in good order         41
             and be repaired:                                                                          42
              (a) by the owners corporation, or by another person shown in the instrument by           43
                    which the easement is created, or in any instrument in the approved form by        44
                    which the easement is varied, as having responsibility for the matters, or         45




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Schedule 5 Rights and obligations implied in certain easements



             (b)    if an instrument referred to in paragraph (a) does not show who is responsible      1
                    for the matters, by the person or, if more than one, jointly by the persons         2
                    entitled to an estate or interest in possession in the dominant tenement.           3
       (2)   If an owners corporation or another person:                                                4
              (a) fails to carry out a responsibility imposed by subclause (1), and                     5
             (b) at least 7 days have passed since the failure first arose,                             6
             the owners corporation or other person may take all lawful steps necessary to ensure       7
             that the responsibility is carried out.                                                    8

  7   Sharing of costs of maintenance and repair                                                        9
       (1)   The costs of maintenance and repair of a right of vehicular or personal access or an       10
             easement for services to which this Schedule applies are to be borne by the owners         11
             corporation, lessor (in the case of a leasehold strata scheme) or other person:            12
             (a) in the proportions specified in the instrument by which the easement was               13
                   created or, if the proportions have been varied, the proportions as varied, or       14
             (b) if no proportions are specified in accordance with paragraph (a)--in equal              15
                   proportions.                                                                         16
       (2)   If a person (whether or not the owners corporation) incurs costs referred to in            17
             subclause (1), the person may demand in writing the amount that the owners                 18
             corporation, lessor or other person referred to in the subclause is liable to contribute   19
             to the costs.                                                                              20

       (3)   A demand made under subclause (2) must be accompanied by receipts or invoices or           21
             copies of receipts or invoices that evidence the expenditure to which the demand           22
             relates.                                                                                   23
       (4)   If the owners corporation, lessor or other person fails to comply with a demand            24
             within 7 days after it is made, the amount demanded may be recovered in a court of         25
             competent jurisdiction as a debt due to the owners corporation, lessor or other person.    26

  8   Ancillary rights and powers                                                                       27
             An easement to which this Schedule applies carries with it the ancillary rights and        28
             powers necessary to render the easement effective.                                         29




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Schedule 6 Compensation payable on termination of leasehold strata scheme



Schedule 6              Compensation payable on termination of                                            1
                        leasehold strata scheme                                                           2

                                                                         (Sections 138 (2) and 148 (2))   3

For the purposes of sections 138 (2) and 148 (2), the formula is:                                         4
                                                                                                          5
A = B - C - D
                                                                                                          6
where:                                                                                                    7
A represents the value, at the date of termination of the leasehold strata scheme, of the                 8
improvements attributable to a lot.                                                                       9
B represents the market value, at that date, of the lot, being the value of the lot at that date          10
calculated on the basis that the lot:                                                                     11
 (a) is held for an estate in fee simple in possession, and                                               12
(b) may be used, whether or not only with planning approval, for any purpose the use of the lot           13
      for which is not at that date prohibited.                                                           14
C is obtained from the calculation of the formula:                                                        15
                                                                                                          16
        U1                                                                                                17
C = E  ------
        Un                                                                                                18
                                                                                                          19
where:                                                                                                    20
E represents the site value, at that date, of the parcel the subject of that leasehold strata scheme,     21
being the value of the land included in that parcel at that date calculated on the basis that the land:   22
 (a) is held for an estate in fee simple in possession, and                                               23
(b) may be used for the purpose of a site for the building or part of the building subject to the         24
       scheme,                                                                                            25
but excluding the value at that date of all improvements within the parcel.                               26
U1 represents the unit entitlement of the lot.                                                            27
Un represents the aggregate unit entitlement for that leasehold strata scheme.                            28
D represents the part of factor "B", if any, attributable to the value, at that date, of improvements     29
to the lot effected by the lessor.                                                                        30




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Schedule 7 Requirements for notices of meetings relating to strata renewal process



Schedule 7              Requirements for notices of meetings relating to                                    1
                        strata renewal process                                                              2

                                                                  (Sections 158 (4), 160 (5) and 172 (2))   3

  1   Notice of general meeting to consider strata renewal proposal                                         4
             A notice of a general meeting of an owners corporation to consider whether a strata            5
             renewal proposal warrants investigation by a strata renewal committee must:                    6
              (a) clearly indicate that the purpose of the meeting is to consider a strata renewal          7
                   proposal, and                                                                            8
             (b) identify the proposed purchaser, if known, or proposed developer under the                  9
                   strata renewal proposal, and                                                             10
              (c) disclose the nature of any interest a proposed purchaser or proposed developer            11
                   may have in the strata scheme, and                                                       12
             (d) include a brief summary of the strata renewal proposal, and                                13
              (e) include a form of motion that the owners corporation decide whether the strata            14
                   renewal proposal warrants investigation by a strata renewal committee, and               15
              (f) be accompanied by a complete copy of the strata renewal proposal.                         16

  2   Forms of motion for general meeting to establish strata renewal committee                             17
             For the purposes of section 160 (5), the matters are:                                          18
             (a) determining the number of members of the strata renewal committee, and                     19
                   electing its members, and                                                                20
             (b) a budget for, or limitations on amounts to be spent on, preparing a strata                 21
                   renewal plan, and                                                                        22
             (c) considering whether to delegate to the committee the authority to engage                   23
                   persons to help it prepare a strata renewal plan.                                        24

  3   Notice of general meeting to consider strata renewal plan                                             25
             A notice of a general meeting of an owners corporation to consider a strata renewal            26
             plan must:                                                                                     27
             (a) clearly indicate that the purpose of the meeting is to consider a strata renewal           28
                   plan, and                                                                                29
             (b) identify the proposed purchaser, if known, or developer under the strata                   30
                   renewal plan, and                                                                        31
             (c) disclose the nature of any interest a proposed purchaser or developer may have             32
                   in the strata scheme, and                                                                33
             (d) include a brief summary of the strata renewal proposal, and                                34
             (e) include a form of motion that the owners corporation decide whether the strata             35
                   renewal plan should be given to the owners for their consideration, and                  36
              (f) be accompanied by a copy of the strata renewal plan.                                      37




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Schedule 8 Savings, transitional and other provisions



Schedule 8              Savings, transitional and other provisions                                      1


Part 1       General                                                                                    2

  1   Regulations                                                                                       3
       (1)   The regulations may contain provisions of a savings or transitional nature consequent      4
             on the enactment of this Act or any Act that amends this Act.                              5
       (2)   Any such provision may, if the regulations so provide, take effect from the date of        6
             assent to the Act concerned or a later date.                                               7
       (3)   The regulations under this Part have effect despite anything to the contrary in this       8
             Schedule.                                                                                  9
       (4)   The regulations under this Part may make separate savings and transitional                 10
             provisions or amend this Schedule to consolidate the savings and transitional              11
             provisions.                                                                                12
       (5)   To the extent to which any such provision takes effect from a date that is earlier than    13
             the date of its publication on the NSW legislation website, the provision does not         14
             operate so as:                                                                             15
              (a) to affect, in a manner prejudicial to any person (other than the State or an          16
                   authority of the State), the rights of that person existing before the date of its   17
                   publication, or                                                                      18
             (b) to impose liabilities on any person (other than the State or an authority of the       19
                   State) in respect of anything done or omitted to be done before the date of its      20
                   publication.                                                                         21


Part 2       Provisions consequent on enactment of this Act                                             22

  2   Definitions                                                                                       23
             In this Part:                                                                              24
             former Act means the Strata Schemes (Freehold Development) Act 1973 or the                 25
             Strata Schemes (Leasehold Development) Act 1986.                                           26
             repeal day means the day on which the former Acts are repealed.                            27

  3   General savings                                                                                   28
       (1)   Any act, matter or thing done or omitted to be done under a provision of a former Act      29
             and having any force or effect immediately before the commencement of a provision          30
             of this Act that replaces that provision, is, on the commencement, taken to have been      31
             done or omitted to be done under the provision of this Act.                                32
       (2)   This clause does not apply to the extent that its application:                             33
             (a) is inconsistent with any other provision of this Schedule or a provision of a          34
                   regulation made under this Schedule, or                                              35
             (b) would be inappropriate in a particular case.                                           36

  4   Existing strata schemes                                                                           37
             On the repeal day, each of the following is taken to be a strata scheme under this Act:    38
             (a) a strata scheme in existence under the Strata Schemes (Freehold                        39
                   Development) Act 1973 immediately before the repeal day,                             40
             (b) a leasehold strata scheme in existence under the Strata Schemes (Leasehold             41
                   Development) Act 1986 immediately before the repeal day.                             42



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Schedule 8 Savings, transitional and other provisions


  5   Continuation of plans and notices                                                                    1
       (1)   On the repeal day, a plan or a notice of conversion that, immediately before the repeal       2
             day, is registered under a former Act is taken to be registered under this Act.               3
       (2)   In this clause:                                                                               4
             plan means a strata plan, strata plan of subdivision, strata plan of consolidation or         5
             building alteration plan.                                                                     6

  6   Continuation of certificates                                                                         7
             A certificate given by a registered land surveyor in relation to a strata plan, strata plan    8
             of subdivision or strata plan of consolidation under a former Act before the repeal            9
             day, and certifying that requirements under the former Act about the plan have been           10
             met, is taken to be a surveyor's certificate for the purposes of this Act.                    11

  7   Continuation of strata certificates                                                                  12
             A strata certificate issued under a former Act and in effect on the repeal day is taken       13
             to be a strata certificate issued under this Act.                                             14

  8   Application of Part 10 to existing freehold strata schemes                                           15
       (1)   Part 10 applies to a freehold strata scheme in existence immediately before the               16
             commencement of that Part only if the owners corporation has, by resolution,                  17
             decided the Part applies to the scheme.                                                       18
       (2)   Despite subclause (1), a person may give a strata renewal proposal under Part 10 to           19
             the owners corporation before the resolution is passed.                                       20
       (3)   The resolution may be passed before or at a general meeting convened to consider a            21
             strata renewal proposal.                                                                      22
       (4)   If the resolution is passed at a general meeting convened to consider a strata renewal        23
             proposal, it must be passed before the proposal is considered.                                24
       (5)   The owners corporation must record details of the resolution on the strata roll.              25
       (6)   A resolution referred to in this clause cannot be revoked.                                    26

  9   Existing proceedings                                                                                 27
             Any proceedings commenced but not determined or finalised under a provision of a              28
             former Act are to be dealt with and determined as if the former Acts had not been             29
             repealed.                                                                                     30

10    Former lots in particular strata schemes                                                             31
       (1)   This clause applies in relation to a lot in a strata scheme that has a boundary that:         32
             (a) under section 4 (2) of the repealed Conveyancing (Strata Titles) Act 1961, was            33
                   the centre of a floor, wall or ceiling, and                                             34
             (b) under clause 3 (1) of Part 1 of Schedule 4 to the Strata Schemes (Freehold                35
                   Development) Act 1973 was taken to be the upper surface of the floor, the inner         36
                   surface of the wall or the under surface of the ceiling, because the strata plan        37
                   or strata plan of resubdivision did not state otherwise.                                38
       (2)   The boundary referred to in subclause (1) (a) is taken to continue to be the upper            39
             surface of the floor, the inner surface of the wall or the under surface of the ceiling.      40
       (3)   This clause does not limit section 30 (2) (d) of the Interpretation Act 1987.                 41




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Schedule 8 Savings, transitional and other provisions



       (4)   In this clause:                                                                                    1
             lot does not include any common infrastructure unless the common infrastructure                    2
             was specified in the strata plan or strata plan of subdivision under the Conveyancing              3
             (Strata Titles) Act 1961 as forming a part of the lot.                                             4
             Note. This clause continues, for the purposes of this Act, the effect of clause 3 (1) and (2) of   5
             Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973.                        6

11    Accredited certifiers                                                                                     7
             On the repeal day, a person who is an accredited certifier under a former Act                       8
             immediately before the repeal day is taken to be an accredited certifier for the                    9
             purposes of this Act.                                                                              10




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Schedule 9 Amendment of Acts



Schedule 9            Amendment of Acts                                                             1

9.1 Building Professionals Act 2005 No 115                                                          2

[1]   Section 3 Definitions                                                                         3
      Omit paragraph (c) from the definition of development certificate in section 3 (1).           4
      Insert instead:                                                                               5
                    (c)   a strata certificate issued under the Strata Schemes Development Act      6
                          2015.                                                                     7

[2]   Section 12 Suspension of accreditation or imposition of conditions to protect the             8
      public                                                                                        9
      Omit section 12 (1) (c). Insert instead:                                                      10
                   (c) an accredited certifier has persistently contravened the provisions of the   11
                         Strata Schemes Development Act 2015 or the regulations under that Act      12
                         and is likely to continue to do so.                                        13

[3]   Section 19 Definitions                                                                        14
      Omit ", the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes              15
      (Leasehold Development) Act 1986" from paragraph (b) of the definition of unsatisfactory      16
      professional conduct in section 19 (1).                                                       17

      Insert instead "or the Strata Schemes Development Act 2015".                                  18

[4]   Section 85 False representations                                                              19
      Omit ", the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes              20
      (Leasehold Development) Act 1986" from section 85 (3).                                        21
      Insert instead "or the Strata Schemes Development Act 2015".                                  22

9.2 Coastal Protection Act 1979 No 13                                                               23

      Section 37 Definitions                                                                        24
      Omit "Division 1 of Part 2 of the Strata Schemes (Freehold Development) Act 1973 or           25
      Division 1 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986" from             26
      section 37 (2) (c).                                                                           27
      Insert instead "Part 2 of the Strata Schemes Development Act 2015".                           28

9.3 Community Land Development Act 1989 No 201                                                      29

[1]   Section 3 Definitions                                                                         30
      Omit "Strata Schemes (Freehold Development) Act 1973" from the definition of common           31
      property in section 3 (1).                                                                    32
      Insert instead "Strata Schemes Development Act 2015".                                         33

[2]   Section 3 (1), definition of "community scheme"                                               34
      Omit "Strata Schemes (Freehold Development) Act 1973" from paragraph (e) of the               35
      definition.                                                                                   36
      Insert instead "Strata Schemes Development Act 2015".                                         37




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 [3]   Section 3 (1), definition of "current plan"                                           1
       Omit "Strata Schemes (Freehold Development) Act 1973".                                2
       Insert instead "Strata Schemes Development Act 2015".                                 3

 [4]   Section 3 (1), definition of "deposited plan"                                         4
       Omit "Strata Schemes (Freehold Development) Act 1973".                                5
       Insert instead "Strata Schemes Development Act 2015".                                 6

 [5]   Section 3 (1), definition of "precinct scheme"                                        7
       Omit "Strata Schemes (Freehold Development) Act 1973" from paragraph (d) of the       8
       definition.                                                                           9
       Insert instead "Strata Schemes Development Act 2015".                                 10

 [6]   Section 3 (1), definition of "schedule of unit entitlements"                          11
       Omit "Strata Schemes (Freehold Development) Act 1973".                                12
       Insert instead "Strata Schemes Development Act 2015".                                 13

 [7]   Section 3 (1), definition of "strata lot"                                             14
       Omit "Strata Schemes (Freehold Development) Act 1973".                                15
       Insert instead "Strata Schemes Development Act 2015".                                 16

 [8]   Section 3 (1), definition of "strata plan"                                            17
       Omit "Strata Schemes (Freehold Development) Act 1973".                                18
       Insert instead "Strata Schemes Development Act 2015".                                 19

 [9]   Section 3 (1), definition of "strata scheme"                                          20
       Omit "Strata Schemes (Freehold Development) Act 1973" wherever occurring from         21
       paragraphs (a) and (c) of the definition.                                             22
       Insert instead "Strata Schemes Development Act 2015".                                 23

[10]   Section 4 Object and application of Act                                               24
       Omit "Strata Schemes (Freehold Development) Act 1973" from section 4 (1) (b).         25
       Insert instead "Strata Schemes Development Act 2015".                                 26

9.4 Community Land Management Act 1989 No 202                                                27

 [1]   Section 3 Definitions                                                                 28
       Omit "Strata Schemes (Freehold Development) Act 1973" from the definition of common   29
       property in section 3 (1).                                                            30
       Insert instead "Strata Schemes Development Act 2015".                                 31

 [2]   Section 3 (1), definition of "community scheme"                                       32
       Omit "Strata Schemes (Freehold Development) Act 1973" from paragraph (e) of the       33
       definition.                                                                           34
       Insert instead "Strata Schemes Development Act 2015".                                 35




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 [3]   Section 3 (1), definition of "current plan"                                                   1
       Omit "Strata Schemes (Freehold Development) Act 1973".                                        2
       Insert instead "Strata Schemes Development Act 2015".                                         3

 [4]   Section 3 (1), definition of "deposited plan"                                                 4
       Omit "Strata Schemes (Freehold Development) Act 1973".                                        5
       Insert instead "Strata Schemes Development Act 2015".                                         6

 [5]   Section 3 (1), definition of "precinct scheme"                                                7
       Omit "Strata Schemes (Freehold Development) Act 1973" from paragraph (d) of the               8
       definition.                                                                                   9
       Insert instead "Strata Schemes Development Act 2015".                                         10

 [6]   Section 3 (1), definition of "schedule of unit entitlements"                                  11
       Omit "Strata Schemes (Freehold Development) Act 1973".                                        12
       Insert instead "Strata Schemes Development Act 2015".                                         13

 [7]   Section 3 (1), definition of "strata lot"                                                     14
       Omit "Strata Schemes (Freehold Development) Act 1973".                                        15
       Insert instead "Strata Schemes Development Act 2015".                                         16

 [8]   Section 3 (1), definition of "strata plan"                                                    17
       Omit "Strata Schemes (Freehold Development) Act 1973".                                        18
       Insert instead "Strata Schemes Development Act 2015".                                         19

 [9]   Section 3 (1), definition of "strata scheme"                                                  20
       Omit "Strata Schemes (Freehold Development) Act 1973" wherever occurring from                 21
       paragraphs (a) and (c) of the definition.                                                     22
       Insert instead "Strata Schemes Development Act 2015".                                         23

[10]   Section 120 Other rights and remedies not affected                                            24
       Omit "Strata Schemes (Freehold Development) Act 1973" from section 120 (1).                   25
       Insert instead "Strata Schemes Development Act 2015".                                         26

9.5 Conveyancing Act 1919 No 6                                                                       27

 [1]   Section 7 Definitions                                                                         28
       Omit paragraph (b) from the definition of Registered plan in section 7 (1). Insert instead:   29
                   (b) a strata plan, strata plan of subdivision or strata plan of consolidation     30
                         within the meaning of the Strata Schemes Development Act 2015,              31

 [2]   Section 7 (1), definition of "Registered plan"                                                32
       Omit paragraph (c).                                                                           33




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 [3]   Section 23F Certain transactions to refer to lots shown on current plan                           1
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             2
       Development) Act 1986" from section 23F (3) (b).                                                  3
       Insert instead "Strata Schemes Development Act 2015".                                             4

 [4]   Section 66O Contracting out                                                                       5
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             6
       Development) Act 1986" from section 66O (1).                                                      7
       Insert instead "Strata Schemes Development Act 2015".                                             8

 [5]   Section 66Q Meaning of "residential property"                                                     9
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             10
       Development) Act 1986" from section 66Q (1) (c).                                                  11
       Insert instead "Strata Schemes Development Act 2015".                                             12

 [6]   Section 195 Definitions                                                                           13
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             14
       Development) Act 1986" from section 195 (2).                                                      15
       Insert instead "Strata Schemes Development Act 2015".                                             16

 [7]   Section 195AA The e-plan system                                                                   17
       Omit section 195AA (10). Insert instead:                                                          18
            (10)    In this section:                                                                     19
                    related Act means the Real Property Act 1900, the Strata Schemes                     20
                    Development Act 2015 or the Community Land Development Act 1989.                     21

 [8]   Section 196C Definitions                                                                          22
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             23
       Development) Act 1986" from the definition of stratum lot.                                        24
       Insert instead "Strata Schemes Development Act 2015".                                             25

 [9]   Section 196I Effect of building management statement                                              26
       Insert "or sublessee" after "lessee" in section 196I (1) (b).                                     27

[10]   Section 196J Effect of registration of strata management statement on building                    28
       management statement                                                                              29
       Omit section 196J (1). Insert instead:                                                            30
              (1)   A registered building management statement for a building ceases to have             31
                    effect on the registration of a strata management statement, or on it being taken    32
                    to be a registered strata management statement, in accordance with Part 6 of         33
                    the Strata Schemes Development Act 2015.                                             34

[11]   Schedule 8A Building management statements                                                        35
       Insert after clause 2 (1) (e):                                                                    36
                     (e1) the fair allocation of the costs of shared expenses relating to parts of the   37
                            building, and                                                                38
                     (e2) a review process to ensure that the allocation of those costs remains fair     39
                            with any such review taking place as soon as practicable after any           40



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                            change in the shared facilities or services (including any change in the     1
                            use of those shared facilities or services), with at least one such review   2
                            occurring every 5 years even if no such change has occurred, and             3

[12]   Schedule 8A                                                                                       4
       Insert after clause 2 (1):                                                                        5
            (1A)     A building management statement must include details of the method used to          6
                     apportion the costs of shared expenses referred to in subclause (1) (e1).           7

9.6 Crown Lands (Continued Tenures) Act 1989 No 7                                                        8

       Schedule 3 Transfer restrictions                                                                  9
       Omit "within the meaning of the Strata Schemes (Freehold Development) Act 1973" from              10
       clause 8 (2) (c) of Part 1.                                                                       11
       Insert instead "in a freehold strata scheme within the meaning of the Strata Schemes              12
       Development Act 2015".                                                                            13

9.7 Duties Act 1997 No 123                                                                               14

 [1]   Section 64 Conversion of land use entitlement to different form of title                          15
       Omit "within the meaning of the Strata Schemes (Freehold Development) Act 1973".                  16
       Insert instead "in a freehold strata scheme within the meaning of the Strata Schemes              17
       Development Act 2015".                                                                            18

 [2]   Section 65 Exemptions from duty                                                                   19
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold             20
       Development) Act 1986" from section 65 (13).                                                      21
       Insert instead "Strata Schemes Development Act 2015".                                             22

 [3]   Section 65 (19)                                                                                   23
       Omit "section 51 or 51A of the Strata Schemes (Freehold Development) Act 1973".                   24
       Insert instead "Part 9 of the Strata Schemes Development Act 2015".                               25

 [4]   Section 146A Threshold value of land holdings                                                     26
       Omit "under the Strata Schemes (Freehold Development) Act 1973" from section 146A (9).            27
       Insert instead "in a freehold strata scheme under the Strata Schemes Development Act              28
       2015".                                                                                            29

 [5]   Dictionary                                                                                        30
       Omit the definition of strata lot from clause 1. Insert instead:                                  31
                   strata lot means a lot within the meaning of the Strata Schemes Development           32
                   Act 2015.                                                                             33

9.8 Electronic Conveyancing (Adoption of National law) Act 2012 No 88                                    34

       Section 5 Meaning of generic terms in Electronic Conveyancing National Law for                    35
       purposes of this jurisdiction                                                                     36
       Omit paragraph (a) (iv) and (v) from the definition of land titles legislation. Insert instead:   37
                         (iv) the Strata Schemes Development Act 2015,                                   38



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9.9 Heritage Act 1977 No 136                                                                       1

[1]   Section 4 Definitions                                                                        2
      Omit "the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes               3
      (Leasehold Development) Act 1986" from the definition of consent authority in                4
      section 4 (1).                                                                               5
      Insert instead "or the Strata Schemes Development Act 2015".                                 6

[2]   Section 56 Definitions                                                                       7
      Omit paragraphs (d) and (e) from the definition of prescribed application. Insert instead:   8
                  (d) Part 4 of the Strata Schemes Development Act 2015,                           9

[3]   Section 66 Application of Subdivision                                                        10
      Omit "the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes               11
      (Leasehold Development) Act 1986".                                                           12
      Insert instead "or the Strata Schemes Development Act 2015".                                 13

[4]   Section 76 Appeal to Minister in respect of prescribed applications                          14
      Omit "the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes               15
      (Leasehold Development) Act 1986".                                                           16
      Insert instead "or the Strata Schemes Development Act 2015".                                 17

9.10 Land and Environment Court Act 1979 No 204                                                    18

[1]   Section 18 Class 2--local government and miscellaneous appeals and applications               19
      Omit section 18 (c). Insert instead:                                                         20
                   (c) appeals under sections 66 and 85 of the Strata Schemes Development          21
                         Act 2015,                                                                 22

[2]   Section 18 (f)                                                                               23
      Omit the paragraph. Insert instead:                                                          24
                   (f) proceedings under sections 86 and 92 of the Strata Schemes                  25
                        Development Act 2015 and under section 107 of the Community Land           26
                        Management Act 1989,                                                       27

[3]   Section 19 Class 3--land tenure, valuation, rating and compensation matters                   28
      Insert after section 19 (g5):                                                                29
                   (g6) applications and proceedings under Divisions 6, 7 and 8 of Part 10 of      30
                           the Strata Schemes Development Act 2015,                                31

[4]   Section 20 Class 4--environmental planning and protection, development contract               32
      and strata renewal plan civil enforcement                                                    33
      Omit "or a development contract" wherever occurring in section 20 (2) (a) and (b).           34
      Insert instead ", a development contract or a strata renewal plan".                          35




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[5]   Section 20 (5)                                                                                   1
      Omit the subsection. Insert instead:                                                             2
             (5)   In this section:                                                                    3
                   development contract means an agreement implied by section 15 of the                4
                   Community Land Management Act 1989 or section 81 of the Strata Schemes              5
                   Development Act 2015.                                                               6
                   strata renewal plan means a strata renewal plan under the Strata Schemes            7
                   Development Act 2015 that has been given effect by an order of the Court.           8

9.11 Land Sales Act 1964 No 12                                                                         9

      Section 2 Definitions                                                                            10
      Omit paragraph (b) of the definition of Instalment contract. Insert instead:                     11
                  (b) a contract for the sale of a lot, or a leasehold interest in a lot, within the   12
                        meaning of the Strata Schemes Development Act 2015.                            13

9.12 Land Tax Management Act 1956 No 26                                                                14

[1]   Section 9B Strata                                                                                15
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold            16
      Development) Act 1986" wherever occurring from section 9B (1) and (3).                           17

      Insert instead "Strata Schemes Development Act 2015".                                            18

[2]   Section 10 Land exempted from tax                                                                19
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold            20
      Development) Act 1986" from the definition of strata lot in section 10 (5).                      21
      Insert instead "Strata Schemes Development Act 2015".                                            22

[3]   Section 21A Company title units taken to be lots                                                 23
      Omit "strata lot under the Strata Schemes (Freehold Development) Act 1973" from                  24
      section 21A (2) (b).                                                                             25
      Insert instead "lot in a freehold strata scheme under the Strata Schemes Development Act         26
      2015".                                                                                           27

[4]   Section 21A (3)                                                                                  28
      Omit "strata lot". Insert instead "lot".                                                         29

[5]   Section 21B Joint owners of block of flats deemed to be owners of lots                           30
      Omit "strata lot under the Strata Schemes (Freehold Development) Act 1973" from                  31
      section 21B (2) (c).                                                                             32
      Insert instead "lot in a freehold strata scheme under the Strata Schemes Development Act         33
      2015".                                                                                           34

[6]   Section 21B (3)                                                                                  35
      Omit "strata lot". Insert instead "lot".                                                         36




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 [7]   Section 21D Liability of lessees of leasehold strata lots                                        1
       Omit "Strata Schemes (Leasehold Development) Act 1986" from section 21D (1).                     2
       Insert instead "Strata Schemes Development Act 2015".                                            3

 [8]   Section 21D (5)                                                                                  4
       Omit the subsection. Insert instead:                                                             5
              (5)   In this section:                                                                    6
                    leasehold strata lot means a lot in a leasehold strata scheme within the            7
                    meaning of the Strata Schemes Development Act 2015.                                 8
                    lessee, in relation to a leasehold strata lot, means an owner, within the meaning    9
                    of the Strata Schemes Development Act 2015, of the lot.                             10
                    lessor means a lessor within the meaning of the Strata Schemes Development          11
                    Act 2015.                                                                           12

 [9]   Schedule 1A Principal place of residence exemption                                               13
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold            14
       Development) Act 1986" from the definition of strata lot in clause 1 (1).                        15
       Insert instead "Strata Schemes Development Act 2015".                                            16

[10]   Schedule 1A, clause 11 (3)                                                                       17
       Omit "under the Strata Schemes (Freehold Development) Act 1973".                                 18
       Insert instead "in a freehold strata scheme under the Strata Schemes Development Act             19
       2015".                                                                                           20

[11]   Schedule 1A, clause 11 (4)                                                                       21
       Omit "under the Strata Schemes (Leasehold Development) Act 1986".                                22
       Insert instead "in a leasehold strata scheme under the Strata Schemes Development Act            23
       2015".                                                                                           24

9.13 Local Government Act 1993 No 30                                                                    25

 [1]   Section 22 Other functions                                                                       26
       Omit the matter relating to the Strata Schemes (Freehold Development) Act 1973 and the           27
       Strata Schemes (Leasehold Development) Act 1986 from the note to the section.                    28
       Insert instead:                                                                                  29
                                                                                                        30
       Strata Schemes Development Act 2015                    approval of strata plans

 [2]   Section 54C Definitions                                                                          31
       Omit "Strata Schemes (Freehold Development) Act 1973 or a leasehold strata scheme under          32
       the Strata Schemes (Leasehold Development) Act 1986" from the definition of strata               33
       scheme.                                                                                          34
       Insert instead "Strata Schemes Development Act 2015".                                            35




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 [3]   Section 270 Who is an "owner of rateable land" for the purposes of this Part?                       1
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold               2
       Development) Act 1986" from section 270 (2).                                                        3
       Insert instead "Strata Schemes Development Act 2015".                                               4

 [4]   Section 495A Strata lots and company titles taken to be separate parcels of land for                5
       annual charges                                                                                      6
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold               7
       Development) Act 1986" from section 495A (a).                                                       8
       Insert instead "Strata Schemes Development Act 2015".                                               9

 [5]   Section 518A Strata lots and company titles taken to be separate parcels of land for                10
       categorisation                                                                                      11
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold               12
       Development) Act 1986" from section 518A (a).                                                       13
       Insert instead "Strata Schemes Development Act 2015".                                               14

 [6]   Section 547 Method of rating dwellings under company title                                          15
       Omit the note to section 547 (3). Insert instead:                                                   16
                    Note. The rating of land under strata title is provided for under the Strata Schemes   17
                    Development Act 2015.                                                                  18

 [7]   Section 555 What land is exempt from all rates?                                                     19
       Omit section 555 (4). Insert instead:                                                               20
              (4)   Land that is a lot in a strata plan registered under the Strata Schemes                21
                    Development Act 2015 for a leasehold strata scheme is taken, for the purposes          22
                    of subsection (1) (e), (f), (g) and (g1), to belong to or be vested in the owner       23
                    (within the meaning of that Act) of the lot and not the lessor (within the             24
                    meaning of that Act), unless the lessor is the owner for the purposes of that          25
                    Act.                                                                                   26

 [8]   Section 555 (7)                                                                                     27
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold               28
       Development) Act 1986".                                                                             29
       Insert instead "Strata Schemes Development Act 2015".                                               30

 [9]   Section 556 What land is exempt from all rates, other than water supply special rates               31
       and sewerage special rates?                                                                         32
       Omit section 556 (2). Insert instead:                                                               33
              (2)   Land that is a lot in a strata plan registered under the Strata Schemes                34
                    Development Act 2015 for a leasehold strata scheme is taken, for the purposes          35
                    of subsection (1) (h)-(o), to belong to or be vested in the owner (within the          36
                    meaning of that Act) of the lot and not the lessor (within the meaning of that         37
                    Act), unless the lessor is the owner for the purposes of that Act.                     38

[10]   Section 556 (5)                                                                                     39
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold               40
       Development) Act 1986".                                                                             41
       Insert instead "Strata Schemes Development Act 2015".                                               42




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[11]   Dictionary                                                                                     1
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          2
       Development) Act 1986" from paragraph (b) (iii) of the definition of owner.                    3
       Insert instead "Strata Schemes Development Act 2015".                                          4

9.14 Parking Space Levy Act 2009 No 5                                                                 5

       Section 4 Definitions                                                                          6
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          7
       Development) Act 1986" from paragraph (e) of the definition of owner in section 4 (1).         8
       Insert instead "Strata Schemes Development Act 2015".                                          9

9.15 Property, Stock and Business Agents Act 2002 No 66                                               10

       Section 3 Definitions                                                                          11
       Omit paragraph (a) from the definition of land in section 3 (1). Insert instead:               12
                   (a) a lot within the meaning of the Strata Schemes Development Act 2015,           13
                         and                                                                          14

9.16 Real Property Act 1900 No 25                                                                     15

 [1]   Section 28P Application of provisions of this Act to qualified folio and land therein          16
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          17
       Development) Act 1986" from section 28P (1) (c).                                               18
       Insert instead "Strata Schemes Development Act 2015".                                          19

 [2]   Section 28T Creation of limited folio                                                          20
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          21
       Development) Act 1986" from section 28T (8) (c).                                               22
       Insert instead "Strata Schemes Development Act 2015".                                          23

 [3]   Section 32 Folios of the Register                                                              24
       Omit section 32 (2). Insert instead:                                                           25
             (2)    Subsection (1) does not apply in respect of a folio of the register constituted   26
                    under section 29 or 31 of the Strata Schemes Development Act 2015.                27

 [4]   Section 36 Lodgment and registration of documents                                              28
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          29
       Development) Act 1986" from section 36 (3).                                                    30
       Insert instead "Strata Schemes Development Act 2015".                                          31

9.17 Regional Relocation Grants (Skills Incentive) Act 2011 No 26                                     32

       Section 3 Definitions                                                                          33
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          34
       Development) Act 1986" from the definition of land in section 3 (1).                           35
       Insert instead "Strata Schemes Development Act 2015".                                          36




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9.18 Retail Leases Act 1994 No 46                                                                   1

[1]   Section 3 Definitions                                                                         2
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold         3
      Development) Act 1986" from paragraph (b) of the definition of retail shopping centre.        4
      Insert instead "Strata Schemes Development Act 2015".                                         5

[2]   Section 26 Limit on recovery of land tax                                                      6
      Omit "strata lot under the Strata Schemes (Freehold Development) Act 1973 or the Strata       7
      Schemes (Leasehold Development) Act 1986, the land concerned is the strata lot" from          8
      section 26 (2).                                                                               9
      Insert instead "lot in a strata scheme under the Strata Schemes Development Act 2015, the     10
      land concerned is the lot".                                                                   11

[3]   Section 62 Special provision for strata shopping centres                                      12
      Omit "strata lot under the Strata Schemes (Freehold Development) Act 1973 or the Strata       13
      Schemes (Leasehold Development) Act 1986".                                                    14
      Insert instead "lot under the Strata Schemes Development Act 2015".                           15

9.19 Rural Fires Act 1997 No 65                                                                     16

      Dictionary                                                                                    17
      Omit "Strata Schemes (Freehold Development) Act 1973 or a leasehold strata scheme under       18
      the Strata Schemes (Leasehold Development) Act 1986" from paragraph (b) (iii) of the          19
      definition of owner.                                                                          20
      Insert instead "Strata Schemes Development Act 2015".                                         21

9.20 Succession Act 2006 No 80                                                                      22

      Section 115 Spouse's right of election                                                        23
      Omit paragraphs (b) and (c) from the definition of mandatory provisions in section 115 (8).   24
      Insert instead:                                                                               25
                    (b)   the Strata Schemes Development Act 2015 with respect to the manner of     26
                          subdividing land to which section 9 of that Act applies or of any lot     27
                          within the meaning of that Act, and with respect to any requirement       28
                          incidental to the manner of subdividing any such land or lot.             29

9.21 Surveying and Spatial Information Act 2002 No 83                                               30

      Section 3 Definitions                                                                         31
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold         32
      Development) Act 1986" from paragraph (c1) of the definition of land survey in                33
      section 3 (1).                                                                                34
      Insert instead "Strata Schemes Development Act 2015".                                         35




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9.22 Sydney Olympic Park Authority Act 2001 No 57                                                    1

       Section 26 Subdivision legislation--subdivision approval by Authority                          2
       Omit "Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold           3
       Development) Act 1986" from section 26 (1).                                                   4
       Insert instead "Strata Schemes Development Act 2015".                                         5

9.23 Transport Administration Act 1988 No 109                                                        6

       Section 104Q Local government approvals not required for light rail system                    7
       Omit "Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold           8
       Development) Act 1986" from the definition of subdivision legislation in section 104Q (3).    9
       Insert instead "Strata Schemes Development Act 2015".                                         10

9.24 Valuation of Land Act 1916 No 2                                                                 11

[1]    Section 4 Definitions                                                                         12
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold         13
       Development) Act 1986" from the definition of Deposited plan in section 4 (1).                14
       Insert instead "Strata Schemes Development Act 2015".                                         15

[2]    Section 4 (3)                                                                                 16
       Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold         17
       Development) Act 1986".                                                                       18
       Insert instead "Strata Schemes Development Act 2015".                                         19

[3]    Section 4 (3), note                                                                           20
       Omit the note.                                                                                21

[4]    Section 14BB Definitions                                                                      22
       Omit the definition of strata lot in section 14BB (7). Insert instead:                        23
                   strata lot means a lot within the meaning of the Strata Schemes Development       24
                   Act 2015.                                                                         25

[5]    Section 14BBE Definitions                                                                     26
       Omit the definition of strata lot from section 14BBE (7). Insert instead:                     27
                   strata lot means a lot within the meaning of the Strata Schemes Development       28
                   Act 2015.                                                                         29

[6]    Section 26AA                                                                                  30
       Insert after section 26:                                                                      31

      26AA   Valuation of strata parcel                                                              32
              (1)   If the Valuer-General makes a valuation of a strata parcel, the parcel must be   33
                    valued:                                                                          34
                     (a) as a single parcel, and                                                     35
                    (b) as if it were owned by a single owner.                                       36




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Schedule 9 Amendment of Acts



             (2)   For the purposes of the valuation and all purposes incidental to the valuation,   1
                   including objection to the valuation, the parcel and all improvements on the      2
                   parcel are taken to be owned by the owners corporation and by no other            3
                   person.                                                                           4
             (3)   From the registration of a strata plan until a valuation of the parcel showing    5
                   the owners corporation as owner becomes effective for rating and taxing           6
                   purposes, the valuation in force is taken to be a valuation of the parcel made    7
                   by the Valuer-General as if the owners corporation were shown as owner on         8
                   that valuation.                                                                   9

             (4)   The Valuer-General is not, for the purposes of the making, levying,               10
                   imposition, assessment or recovery of rates or taxes, required to make separate   11
                   valuations of any parts of a parcel otherwise than if the parcel were owned by    12
                   a single owner.                                                                   13
             (5)   In this section:                                                                  14
                   owners corporation, in relation to the valuation of a strata parcel, means the    15
                   owners corporation of the strata scheme under the Strata Schemes                  16
                   Development Act 2015 in which the parcel is comprised.                            17
                   strata parcel means a parcel within the meaning of the Strata Schemes             18
                   Development Act 2015.                                                             19
                   strata plan means a strata plan within the meaning of the Strata Schemes          20
                   Development Act 2015.                                                             21

[7]   Section 26A Valuation of parcels that form part of the site of a building                      22
      Omit "Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold          23
      Development) Act 1986" wherever occurring in the definitions of parcel of land and strata      24
      plan in section 26A (7).                                                                       25
      Insert instead "Strata Schemes Development Act 2015".                                          26

[8]   Section 60 Assessed annual value for purposes of other Acts                                    27
      Omit section 60 (b) and (c). Insert instead:                                                   28
                   (b) the Strata Schemes Development Act 2015,                                      29




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