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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Community Land Development Amendment
Bill 1996.
The objects of this Bill are:
(a) to repeal an uncommenced provision of the Strata Titles (Community
Land) Amendment Act 1989, and
(b)
to amend section 7 (2C) of the Strata Titles Act 1973 ("the Principal
Act") to remove the prohibition on the subdivision of a development
lot under the Community Land Development Act 1989 where the strata
plan applies to only part of a building, and
(c) to amend section 28R of the Principal Act in order to dispense with the
necessity for a strata management statement if a building to be erected
on a community development lot is to be only partly subdivided by a
strata plan, with the rest of the building being community property, or
if the Minister directs that the statement may be dispensed with.
Clause 2 provides for the proposed Act to commence on the date of assent.
Clause 3 provides for the amendment of the Principal Act as set out in
Schedule 1.
Clause 4 repeals an uncommenced provision of the Strata Titles
(Community Land) Amendment Act 1989. If it had been commenced, the
provision would have inserted in the Principal Act a new section prohibiting
the registration of a strata plan if the Registrar-General considered that the
plan did not provide essentially for the subdivision of land into lots the
principal parts of which corresponded to parts of a building erected on the
land. The provision is considered to be unnecessary.
Schedule 1 Amendments
Schedule 1 [l] amends section 7 (2C) of the Principal Act. This has the effect
of removing the present prohibition of the subdivision by a strata plan of part
only of a building on a community development lot or a precinct
development lot.
Schedule 1 [2] amends section 28R of the Principal Act. That section at
present prevents the Registrar-General from registering a strata plan for part
only of a building unless the approved form of strata management statement
for the building is also registered. The proposed amendment dispenses with
this requirement if either the building is part of a community scheme that
provides for part of the building to be subdivided by a strata plan and for
some, or all, of the remainder of the building to be community property or the
Minister directs that the statement may be dispensed with.
The proposed amendment removes a difficulty that has arisen with some
proposed community schemes which would include a strata title building
only partly occupied by the residents, with another part (for example, a
gymnasium) being for the use of the community--not just the occupants of
the building.
Explanatory note page 2