"accepted lease or sublease" means a lease or sublease, or a transfer of a
lease or sublease, accepted by an owners corporation under section 25 (1).
"administration sheet" means a document in the approved form that provides for
administrative matters relating to the registration of plans under this Act.
"approved form" means a form approved by the Registrar-General for use under
this Act.
"building" , in relation to a strata scheme or a proposed strata scheme, means
a building containing a lot or proposed lot, or part of a lot or proposed lot,
in the scheme or proposed scheme.
"building alteration plan" means a plan that is registered as a
building alteration plan, and includes any information, certificate or other
document required by this Act or the regulations to be included with the plan
before it may be registered.
"floor area" of a lot means the area occupied on a horizontal plane by the
base of the cubic space of the lot.
"floor plan" means a plan that--
(a) defines by lines (each a
"base line" ) the base of the vertical boundaries of each cubic space forming
the whole of a proposed lot, or the whole of a part of a proposed lot, to
which the plan relates, and
(ii) if a proposed lot has more than one part--the floor area of
each part together with the aggregate of the floor areas of the parts, and
(c) if a proposed lot or part of a proposed lot is superimposed on another
proposed lot or part--shows the separate base lines of the proposed lots or
parts, by reference to floors or levels, in the order in which the
superimposition occurs.
"freehold strata scheme" means a strata scheme in which no lots or
common property in the scheme are subject to a lease or leases referred to in
section 11.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"leasehold strata scheme" means a strata scheme in which all lots and
common property in the scheme are subject to a lease or leases referred to in
section 11.
"liabilities" of an owners corporation in relation to the termination of a
strata scheme under Part 9 or 10 means any liabilities, debts or obligations
of the owners corporation (whether present or future, whether vested or
contingent and whether personal or assignable).
(b) if the scheme does not relate to a proposed
part strata parcel--delineates the perimeter of the land and the location, in
relation to the perimeter, of each--
(i) delineates the perimeter
of the site of the building of which the proposed part strata parcel forms
part and the location, in relation to the perimeter, of the building and
proposed part strata parcel, and
(ii) delineates the location, in relation to
the perimeter of the proposed part strata parcel, of the part of the building
the subject of the proposed strata scheme and each proposed lot or part of a
proposed lot not within the building, and
(d) shows the particulars
prescribed by the regulations.
"lot" , in relation to a strata scheme, means one or more cubic spaces shown
as a lot on a floor plan relating to the scheme, but does not include any
common infrastructure, unless the common infrastructure is described on the
plan, in the way prescribed by the regulations, as a part of the lot.
"notice of conversion" means a notice that is registered as a
notice of conversion, and includes any information, certificate or other
document required by this Act or the regulations to be included with the
notice before it may be registered.
"notice of resumption" means a notice, notification or other instrument
publication of which vests land described in the notice, notification or
instrument in a resuming authority by way of resumption.
"occupier" of a lot means a person in lawful occupation of the lot.
(b) of a leasehold strata scheme means the
person who, immediately after registration of the strata plan for the scheme,
is entitled to a leasehold estate in all the lots in the scheme or is entitled
to a leasehold estate in 2 or more lots in the scheme with total
unit entitlements exceeding more than two-thirds of the
aggregate unit entitlement of the lots in the scheme.
"owner" of a lot in a strata scheme means a person for the time being recorded
in the Register as entitled to an estate in fee simple in the lot (in the case
of a freehold strata scheme) or as entitled to a leasehold estate in the lot
(in the case of a leasehold strata scheme), but does not include a sublessee
of a lot in a leasehold strata scheme.
"public road" has the same meaning as it has in the Roads Act 1993.
"qualified valuer" means a person who--
(a) has membership of the Australian
Valuers Institute (other than associate or student membership), or
(b) has
membership of the Australian Property Institute (other than student or
provisional membership), acquired in connection with his or her occupation as
a valuer, or
(c) has membership of the Royal Institution of Chartered
Surveyors as a chartered valuer, or
(d) is of a class prescribed by the
regulations.
"registered" means registered by the Registrar-General.
(a) relating to a proposed lot comprised in the plan, and
(b)
containing provisions to the effect that the lease is in substitution for a
lease determined or otherwise affected by the proposed subdivision or
consolidation, and
(c) having terms all of which are expressed to commence on
registration of the plan and to expire at the same time as any lease to be
determined, and
(d) if the lease confers rights of renewal--having the same
renewal terms as any lease to be determined.
"resuming authority" means an entity that may resume land by way of
resumption.
"resumption" means the compulsory acquisition of land under an Act or an Act
of the Commonwealth authorising compulsory acquisition of land.
"rights" of an owners corporation in relation to the termination of a
strata scheme under Part 9 or 10 means any rights or powers of the
owners corporation (whether present or future, whether vested or contingent
and whether personal or assignable).
"strata plan" means a plan that is registered as a strata plan, and includes
any information, certificate or other document required by this Act or the
regulations to be included with the plan before it may be registered.
"strata plan of consolidation" means a plan that is registered as a
strata plan of consolidation, and includes any information, certificate or
other document required by this Act or the regulations to be included with the
plan before it may be registered.
"strata plan of subdivision" means a plan that is registered as a
strata plan of subdivision, and includes any information, certificate or other
document required by this Act or the regulations to be included with the plan
before it may be registered.
(b) a council or county council exercising water
supply, sewerage or stormwater drainage functions under Division 2 of Part 3
of Chapter 6 of the Local Government Act 1993 .