South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"allotment" means the whole of the land comprised in a certificate of title;
"building" includes a fixed structure;
"ceiling" includes a false or suspended ceiling;
"the Commission" means the Development Assessment Commission constituted under
the Development Act 1993 ;
"council" means—
(a) in
relation to a local government area—a municipal or district council;
(b) in
relation to the parts of the State that lie outside local government
areas—the Outback Areas Community Development Trust;
"the Court" means the Supreme Court of South Australia;
"deposited" in relation to a strata plan means deposited in the Lands Titles
Registration Office by the Registrar-General;
"easement" includes a right of way;
"encumbrance" includes—
(a) a
life estate or a lease; or
(b) a
mortgage or charge; or
(c) a
claim or lien; or
(d) an
easement; or
(e) a
caveat;
"fence" includes a gate;
"floor" includes a stairway or ramp;
"holder" of a statutory encumbrance means—
(a) in
relation to an agreement relating to the management, preservation or
conservation of land lodged under Part 5 of the Development Act 1993
—the Minister, greenway authority or council that entered into the
agreement; or
(b) in
any other case—the Minister responsible for the administration of the
Act under which the encumbrance was entered into or is in force;
"occupier" in relation to a unit means a person who occupies the unit on a
temporary or permanent basis (either solely or jointly with other persons) and
includes a person who is unlawfully in occupation of a unit;
"original registered proprietor" in relation to a strata scheme means the
person who was, immediately before the deposit of the strata plan, the
registered proprietor of an estate in fee simple in the land;
"owner" in relation to land means the proprietor of an estate in fee simple in
the land;
"public land" means—
(a) land
vested in a council;
(b) land
controlled or managed by a council;
"registered encumbrance" means an encumbrance registered or entered on a
certificate of title;
"site" means the land comprised in a strata plan (as distinct from the
buildings and other improvements to that land);
"special resolution" in relation to a strata corporation means a resolution as
to which the following conditions are satisfied;
(a) at
least 14 days' written notice, setting out the terms of the proposed
resolution, is given to the unit holders;
(b) the
resolution is supported at a duly convened general meeting of the
strata corporation by a number of votes equal to, or exceeding, two-thirds of
the total number of votes that could be exercised at a general meeting of the
corporation assuming that all unit holders attended and exercised their right
to vote;
"statutory encumbrance" means—
(aaa) an
Aboriginal heritage agreement entered into under the
Aboriginal Heritage Act 1988 ;
(aa) an
agreement under section 39D of the repealed City of Adelaide Development
Control Act 1976 that is continued in force by virtue of the provisions
of the Acts Interpretation Act 1915 ;
(a) an
agreement relating to the management, preservation or conservation of land
lodged under Part 5 of the Development Act 1993 ;
(b) any
agreement or proclamation registered or noted on the title immediately before
the commencement of the Development Act 1993 that is continued in force
by virtue of the provisions of the Statutes Repeal and Amendment (Development)
Act 1993 ;
(d) a
heritage agreement entered into under the Heritage Act 1993 ;
(da) a
heritage agreement entered into under the Native Vegetation Act 1991 ;
(db) an
access agreement entered into under the Recreational Greenways Act 2000 ;
(e) a
management agreement entered into under the River Murray Act 2003 ;
(ea) a
management agreement entered into under the Upper South East
Dryland Salinity and Flood Management Act 2002 ;
(f) any
other encumbrance created by or under any statute and prescribed by the
regulations for the purposes of this definition;
"the strata community" means those who reside or work at the units in a
strata scheme;
"strata corporation" means a body corporate created under this Act on the
deposit of a strata plan;
"strata scheme" means—
(a) the
land comprised in a strata plan; and
(b) the
buildings and other improvements on that land;
"unanimous resolution" in relation to a strata corporation means a
special resolution passed without any dissentient vote at a general meeting of
the corporation;
"unit" means an area shown on a strata plan as a unit;
"unit holder" means—
(a) a
person registered as proprietor of an estate in fee simple in the unit;
(b) if
the fee simple is divided into a life estate with a remainder or reversionary
interest—the person registered as the proprietor of the life estate;
"wall" includes a door or window.
(2) For the purposes
of this Act, land will be regarded as being adjacent to other land if the
land—
(a)
abuts on the other land; or
(b) is
separated from the other land only by—
(i)
a road, street, footpath, railway or thoroughfare; or
(ii)
a reserve or other similar open space.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.