STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - As at 30 November 2016 - Act 68 of 1973
- As at 30 November 2016 - Act 68 of 1973Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Act binds Crown 4. (Repealed)
- 5 Definitions
- 5A Notes in text
- 6 Construction of Act
- 6A Application of Act to electronic form plans and other documents
PART 2 - LAND IN STRATA SCHEMES
Division 1 - Creation of lots and common property
- 7 Subdivision
- 8 Registration of strata plans
- 8AA Effect of registration of a strata plan creating a stratum parcel
- 8AB Easements in certain strata schemes
- 8A Subdivision of development lot
- 9 Subdivision of lots and common property
- 10 Unit entitlement of lots created by subdivision of lots
- 11 Unit entitlements of lots in subdivisions involving common property
- 12 Consolidation of lots
- 13 Conversion of lots into common property
- 14 Alteration of building affecting lot boundary
- 15 Certificates of title to be lodged with plans of subdivision or consolidation, notices of conversion and building alteration plans
- 16 Strata plans to be signed or consented to
- 17 Provisions prohibiting registration to operate cumulatively
Division 2 - Common property
- 18 Vesting of common property on registration of strata plan
- 19 Acquisition of additional common property
- 20 Body corporate to hold common property as agent for proprietors
- 21 Common property to be dealt with only under this Act and the Strata Schemes Management Act 1996
- 22 Folio where no common property
- 22A Folios for bodies corporate, generally
- 23 Folio where there is common property
- 24 Dealings with lots include common property
- 25 Transfer or lease of common property
- 26 Creation or variation of easements, restrictions and positive covenants
- 27 Dedication of common property
- 28 Effect of dealings under this Division
Division 2A - Staged development
- 28A Explanation of staged development
- 28B Obligations of consent authorities
- 28C Form and content of strata development contract
- 28D Concept plan
- 28E Variation of liability for common property expenses
- 28F Signing of strata development contract and amendments
- 28G Registration of strata development contract and amendments
- 28H Notice of strata development contract and amendments
- 28I Effect of strata development contract
- 28J Amendment of strata development contract
- 28K Approval of amendments by Land and Environment Court
- 28L Use of common property and development lot by developer
- 28M Adding land to a parcel subject to a strata development contract
- 28N Right to complete permitted development
- 28O What are "development concerns"?
- 28P Meetings of body corporate relating to development concerns
- 28Q Conclusion of development scheme
- 28QAA Revised schedule of unit entitlements
- 28QA Order for extension or conclusion of development scheme
- 28QB Application for assistance
- 28QC Investigation of application for assistance
- 28QD Power of entry
- 28QE Application of Fair Trading Act 1987 to applications for assistance
- 28QF Grant of legal assistance
- 28QG Resolution authorising application by body corporate
- 28QH Functions of Director-General
Division 2B - Strata management statements
- 28R Requirement for strata management statement
- 28S Formal requirements
- 28T Registration of strata management statement
- 28U Amendment of strata management statement
- 28V Signing of strata management statement
- 28W Effect of strata management statement
Division 3 - Compulsory acquisition of lots and common property
- 29 Application of Division
- 30 Resumptions affecting parcels
- 31 Effect of resumption
- 32 Readjustment of strata scheme for purposes of resumption
- 33 Common property not to pass with lot or part of lot in certain circumstances
- 34 Severance of lots by resumption
- 34A Resumptions where resuming authority is bound by this Act
- 35 Resumptions where resuming authority not bound by this Act
Division 4 - Strata certificates
- 36 Other Acts not to apply to subdivisions under Division 1
- 36A Persons who may apply for strata certificate
- 37 Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
- 37A Approvals by accredited certifiers
- 37AA Requirements relating to issue of strata certificates
- 37B Relevant development consents
- 37C Regulations
- 37D Satisfaction as to compliance with conditions precedent to issue of strata certificates
- 37E Accreditation of certifiers
- 37F Insurance of accredited certifiers
- 38 Encroachments
- 39 Utility lots
- 40 Notices of and appeals against refusal of approval
Division 5 - Powers and duties of Registrar-General
- 41 Registration of plans and notices
- 42 Provisions applying to strata plans and certain other documents
- 43 Registrar-General's power to adjust unit entitlements
- 44 Recording of condition restricting use imposed by local council
- 45 Prohibition on recordings in the Register in certain circumstances
- 46 Certain recordings to be made by Registrar-General
- 47 Duties of Registrar-General where resumed land remains subject to strata scheme
- 48 Duties of Registrar-General where resumed land is excluded from strata scheme
- 49 Notice to produce electronic form plans and other documents
PART 3 - VARIATION OR TERMINATION OF STRATA SCHEMES
- 50 Variation of strata scheme consequent on damage to or destruction of building
- 51 Termination of strata scheme
- 51A Termination of strata scheme by Registrar-General
- 52 Interchangeability of notices
- 53 Consequences of making an order under section 50 or 51
PART 4 - RATING AND TAXATION
54-88. (Repealed)- 89 Definitions
- 90 Valuation of parcel
- 90A Valuation of parcels that form part of the site of a building 91. (Repealed)
- 92 Rating of lots
- 93 Charges for services
- 94 Certain lots not ratable 95. (Repealed)
- 96 Certain valuations of interests in parcel not to be used for purposes of this Division
PART 5 - (Repealed)
NonePART 6 - GENERAL
146-151. (Repealed)- 152 Notice of application for order under section 32, 50 or 51 153-156. (Repealed)
- 157 Proceedings for offences
- 158 Regulations--general 159. (Repealed)
- 160 Transitional and savings provisions
- SCHEDULE 1A
- SCHEDULE 1B
- SCHEDULE 1BA
- SCHEDULE 1C Schedule 3 (Repealed)
- SCHEDULE 4