STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - As at 30 November 2016 - Act 219 of 1986

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Act binds Crown
• 4 Definitions
• 4A Notes in text
• 5 Construction of Act
• 5A Application of Act to electronic form plans and other documents

PART 2 - LAND IN LEASEHOLD STRATA SCHEMES

Division 1 - Creation of lots and common property

• 6 Subdivision
• 7 Registration of strata plans
• 8 Effect of registration of a strata plan
• 9 Easements in certain leasehold strata schemes
• 10 Subdivision of development lot
• 11 Subdivision of lots and common property
• 12 Consequences of registration of strata plan of subdivision
• 13 Unit entitlement of lots in subdivision not involving common property
• 14 Unit entitlements of lots in subdivisions involving common property
• 15 Consolidation of lots
• 16 Conversion of lots into common property
• 17 Alteration of building affecting lot boundary
• 18 Certificates of title to be lodged with plans and notices
• 19 Strata plans to be signed or consented to
• 20 Provisions prohibiting registration to operate cumulatively

Division 2 - Common property

• 21 Effect of creation of common property
• 22 Acquisition of additional common property
• 23 Body corporate to hold leasehold estate in common property as agent for lessees
• 24 Common property to be dealt with only under this Act and the Strata Schemes Management Act 1996
• 25 Folio where no common property
• 26 Folios for bodies corporate, generally
• 27 Folio where there is common property
• 28 Dealings with lots include leasehold estate in common property
• 29 Transfer or lease of common property
• 30 Creation or variation of easements, restrictions and positive covenants
• 31 Dedication of common property
• 32 Effect of dealings under this Division

Division 3 - Leases of lots

• 33 Provisions generally applicable to leases
• 34 Restrictions on dealings by lessee
• 35 Powers of lessor where no current lease
• 36 Further leases of lots and common property
• 37 Expiry of leases of lots
• 38 Restrictions on re-entry or forfeiture of lease of lot

Division 4 - Conversion of leasehold strata scheme to freehold strata scheme

• 39 Procedure for converting leasehold strata scheme
• 40 Effect of merger of leasehold estate with lessor's reversion

Division 5 - Staged development

• 41 Explanation of staged development
• 42 Obligations of consent authorities
• 43 Form and content of strata development contract
• 44 Concept plan
• 45 Variation of liability for common property expenses
• 46 Signing of strata development contract and amendments
• 47 Registration of strata development contract and amendments
• 48 Notice of strata development contract and amendments
• 49 Effect of strata development contract
• 50 Amendment of strata development contract
• 51 Approval of amendments by Land and Environment Court
• 52 Use of common property and development lot by developer
• 53 Adding land to a parcel subject to a strata development contract
• 54 Right to complete permitted development
• 55 What are "development concerns"?
• 56 Meetings of body corporate relating to development concerns
• 57 Conclusion of development scheme
• 57AAA Revised schedule of unit entitlements
• 57AA Order for extension or conclusion of development scheme
• 57AB Application for assistance
• 57AC Investigation of application for assistance
• 57AD Power of entry
• 57AE Application of Fair Trading Act 1987 to applications for assistance
• 57AF Grant of legal assistance
• 57AG Resolution authorising application by body corporate
• 57AH Functions of Director-General

Division 5A - Strata management statements

• 57A Requirement for strata management statement
• 57B Formal requirements
• 57C Registration of strata management statement
• 57D Amendment of strata management statement
• 57E Signing of strata management statement
• 57F Effect of strata management statement

Division 6 - Compulsory acquisition of lots and common property

• 58 Definition
• 59 Resumptions affecting parcels
• 60 Effect of resumption
• 61 Readjustment of leasehold strata scheme for purposes of resumption
• 62 Common property not to pass with lot or part of lot in certain circumstances
• 63 Severance of lots by resumption
• 63A Resumptions where resuming authority is bound by this Act
• 64 Resumptions where resuming authority not bound by this Act

Division 7 - Strata certificates

• 65 Other Acts not to apply to subdivisions under Division 1
• 65A Persons who may apply for strata certificate
• 66 Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
• 66A Approvals by accredited certifiers
• 66AA Requirements relating to issue of strata certificates
• 66B Relevant development consents
• 66C Regulations
• 66D Satisfaction as to compliance with conditions precedent to issue of strata certificates
• 66E Accreditation of certifiers
• 66F Insurance of accredited certifiers
• 67 Encroachments
• 68 Utility lots
• 69 Notices of and appeals against refusal of approval

Division 8 - Powers and duties of Registrar-General

• 70 Registration of plans and notices
• 71 Provisions applying to strata plans and certain other documents
• 72 Registrar-General's power to adjust unit entitlements
• 73 Recording of condition restricting use imposed by local council
• 74 Prohibition on recordings in the Register in certain circumstances
• 75 Certain recordings to be made by Registrar-General
• 76 Duties of Registrar-General where resumed land remains subject to strata scheme
• 77 Duties of Registrar-General where resumed land is excluded from strata scheme
• 78 Notice to produce electronic form plans and other documents

PART 3 - VARIATION OR TERMINATION OF LEASEHOLD STRATA SCHEMES

• 79 Variation of leasehold strata scheme consequent on damage to or destruction of building
• 80 Termination of leasehold strata scheme
• 80A Termination of leasehold strata scheme and leases by Registrar-General
• 81 Interchangeability of notices
• 82 Consequences of making an order under section 79 or 80

PART 4 - RATING AND TAXATION

• 121 Definitions
• 122 Valuation of parcel
• 122A Valuation of parcels that form part of the site of a building
123. (Repealed)
• 124 Rating of lots
• 125 Charges for services
• 126 Certain lots not ratable
127. (Repealed)
• 128 Certain valuations of interests in parcel not to be used for purposes of this Division

PART 5 - (Repealed)

PART 6 - GENERAL

• 190 Notice of application for order under section 61, 79 or 80
191-194. (Repealed)
• 195 Proceedings for offences
• 196 Regulations--general
• SCHEDULE 1A
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 2AA
• SCHEDULE 2A
Schedule 4 (Repealed)
• SCHEDULE 5