New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 57AG

57AG Resolution authorising application by body corporate

(1973 Act, s 28QG)

(1) A body corporate authorised to do so by a resolution of the body corporate passed at a duly convened general meeting may:

(a) make an application for assistance, or

(b) bring proceedings referred to in section 123 of the Environmental Planning and Assessment Act 1979 or section 20 (1) (e) of the Land and Environment Court Act 1979 relating to:

• a strata development contract or an amendment of such a contract, or

• a development consent granted in accordance with section 42 (1) of this Act or a modification of such a development consent.

(2) Any vote cast by the developer concerned (whether as lessee of a lot or as mortgagee, covenant chargee or proxy) or by a mortgagee of the developer concerned (whether as a mortgagee, covenant chargee or proxy) is to be disregarded when determining whether such a resolution has been passed.

(3) The carrying out of development in contravention of a condition of a development consent granted under any other Act is taken to be a breach of the Environmental Planning and Assessment Act 1979 for the purposes of:

(a) enabling proceedings referred to in section 123 of that Act to be brought pursuant to this section, and

(b) the application of that Act to those proceedings.