Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 17 of 1998
- Royal Assent 22 May 1998
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
3A. 3A. Meaning of "common property"
PART 2 - Strata schemes Division 1 - Division of land by strata
plan
4. 4. Division of land by strata plan
Division 2 - Requirements for registration of plan
5. 5. Requirements for strata plan
6. 6. Lodgment of plan for registration
7. 7. Mortgages
8. 8. Effect of registration
Division 3 - The common property
9. 9. Common property
10. 10. Ownership of common property
11. 11. Rights and responsibilities for common property
12. 12. Disposal of interest in common property
Division 4 - Easements, covenants and profits a prendre
13. 13. Statutory easements
14. 14. Creation, &c., of easements, covenants and profits a
prendre
15. 15. Commencement of easements
Division 5 - Unit entitlements
16. 16. Unit entitlements
17. 17. Change of unit entitlements
Division 6 - Amendment of strata plan
18. 18. Amendment of plan
19. 19. Application for amendment
19A. 19A. Alteration or addition of buildings
20. 20. Acquisition of land
21. 21.
Division 7 - Consolidation of plans
22. 22. Consolidation of plans
23. 23. Application for consolidation
24. 24. How consolidation is effected
25. 25. Effect of consolidation
Division 8 - Cancellation of plan
26. 26. Cancellation of plan
27. 27. Application for cancellation
28. 28. Effect of cancellation
29. 29. Registration of cancellation
Division 9 - Council certificate of approval
30. 30. Requirement for council's certificate of approval
31. 31. Application for, and grant of, certificate of approval
31AA. 31AA. Requirement for staged development scheme
31A. 31A. Lot taken not to be subdivision
Division 10 - Miscellaneous
32. 32. Reinstatement of buildings
33. 33. Apportionment of statutory charge
PART 3 - Staged development schemes Division 1 - Nature of staged
development scheme
34. 34. Staged development schemes
35. 35. Form and contents of scheme
Division 2 - Approval of scheme in principle
36. 36. Application for council approval
37. 37. Approval of scheme in principle
Division 3 - Registration of scheme
38. 38. Lodgment of staged development scheme
39. 39. Commencement of scheme
Division 4 - Development rights
40. 40. Development rights
Division 5 - Progressive development of land subject to scheme
41. 41. Progressive development
Division 6 - Variation of scheme
42. 42. Application for variation of scheme
43. 43. Registration of variation
44. 44. Variation of scheme by the Supreme Court
Division 7 - Enforcement of scheme
45. 45. Injunction
46. 46. Implied term in contract for sale of lot or proposed lot
in staged development scheme
Division 8 - Transfer of title to land subject to registered scheme
47. 47. Acquisition of title to land subject to registered scheme
48. 48. Assignment of developer's interest
49. 49. Registration of dealing
50. 50. Effect of registration
Division 9 - Miscellaneous
50A. 50A. Lot taken not to be subdivision
PART 4 - Community development schemes Division 1 - Nature of
community development scheme
51. 51. Community development schemes
52. 52. Form and contents of management statement
Division 2 - Approval of scheme in principle
53. 53. Application for approval of scheme in principle
54. 54. Approval of scheme
Division 3 - Registration of scheme
55. 55. Registration of community development scheme
Division 4 - Development rights
56. 56. Development rights
Division 5 - Progressive development of land subject to scheme
57. 57. Progressive development
Division 6 - Variation of scheme
58. 58. Application for variation of scheme
59. 59. Registration of variation
60. 60. Variation of scheme by the Supreme Court
Division 7 - Enforcement of scheme
61. 61. Injunction
62. 62. Implied term in contract for sale of lot or proposed lot
in community development scheme
63. 63. Disposition of security
Division 8 - Transfer of title to land subject to registered scheme
64. 64. Acquisition of title to land subject to registered scheme
65. 65. Assignment of interest in land subject to scheme
66. 66. Registration of dealing
67. 67. Effect of registration
PART 5 - Names of strata and community schemes
68. 68. Name of strata or community scheme
69. 69. Reservation of name
70. 70. Period of reservation
PART 6 - Bodies corporate Division 1 - Establishment of body
corporate
71. 71. Establishment of body or bodies corporate
72. 72. Merger and division of bodies corporate
Division 2 - Common seal
73. 73. Common seal
Division 3 - Membership and general meetings
74. 74. Membership of body corporate
75. 75. General meetings of body corporate
76. 76. Voting at general meeting
77. 77. Voting on behalf of persons under disability
78. 78. Voting on unanimous resolution
Division 4 - Management
79. 79. Committee of management
80. 80. Appointment of manager
Division 5 - Functions and duties
81. 81. Functions of body corporate
82. 82. Fund for meeting financial obligations
83. 83. Contributions
84. 84. Interest on overdue contributions
Division 6 - Miscellaneous
85. 85. Subrogation of contractual rights
86. 86.
87. 87. Address for service
88. 88. Mailbox
Division 7 - Appointment of administrator
89. 89. Appointment of administrator
PART 7 - By-laws Division 1 - Making of by-laws
90. 90. Power to make by-laws
91. 91. Limitations on by-law making power
92. 92. Registration and commencement of changes to by-laws
93. 93. Legal effect of by-laws
Division 2 - Exclusive use by-laws
94. 94. Exclusive use by-laws
Division 3 - Enforcement of by-laws
95. 95. Compliance notices
96. 96. Enforcement by Tribunal
Division 4 - Copies of by-laws to be provided
97. 97. Body corporate to provide copy of by-laws for inspection
PART 8 - Insurance
98. 98. Body corporate taken to have insurable interest in certain
property
99. 99. Insurance of buildings, &c., by body corporate
100. 100. Owner or occupier may be required to comply with
requirement to ensure that insurance may be obtained on reasonable
terms
101. 101. Other insurance
102. 102. Insurance by owner of lot
103. 103. Default by body corporate in relation to insurance
104. 104. Production of policies of insurance for inspection
PART 9 - Dispute resolution Division 1 - Applications for relief
105AA. 105AA. Application to certain buildings in Hobart
105. 105. Application for relief
106. 106. Notice of application
107. 107. Amendment of application
Division 2 - Powers and procedures
108. 108. Investigations
109. 109. Power to dismiss proceedings
110. 110. Powers to obtain information
111. 111. Power of entry
112. 112. Obstruction
Division 3 - Specific forms of relief
113. 113. Orders by Recorder
114. 114. Order in relation to common property
115. 115. Order with respect to acquisition of personal property
116. 116. Order to make or pursue insurance claim
117. 117. Order varying rate of penalty interest
118. 118. Order to supply information or documents
119. 119. Orders in relation to animals
120. 120. Order relating to by-laws
121. 121. Order granting licence
122. 122. Order making by-laws
123. 123. Order invalidating proceedings
124. 124. Order reallocating unit entitlements
125. 125. Order for variation of amount or manner of payment of
contributions
126. 126. Orders regarding insurance
127. 127. Appointment of administrator
128. 128. Convening meeting of members of body corporate
129. 129.
130. 130. Order for terminating contract for services to the body
corporate
131. 131. Orders relating to new building or structural alteration or
addition to lot
132. 132. Development contemplated by staged development or community
development scheme
133. 133. Imposition of penalties
134. 134.
Division 4 - Service and enforcement of orders
135. 135. Copy of order to be served
136. 136. Penalty for contravention
137. 137. Enforcement of orders
138. 138. Enforcement of orders for payment of money
139. 139. Order may have effect as resolution of body corporate
Division 5 - Miscellaneous
140. 140. Registry
141. 141. Inquiries to Recorder
142. 142. Recording of certain orders
143. 143. Recorder may determine questions relating to title to land
PART 10 - Appeals
144. 144. Right of appeal
145. 145. Stay of operation of order
146. 146. Powers of the Tribunal on appeal
147. 147. Application of Resource Management and Planning Appeal
Tribunal Act 1993
PART 11 - Miscellaneous
148. 148. Protection of the Recorder
149. 149. Certificates issued by body corporate
150. 150. Action to be taken by the Recorder for registration,
&c., of documents
151. 151. General provision about use of lots
152. 152. Rights and remedies conferred by this Act to be in
addition to those existing apart from this Act
153. 153. Easements not affected by unity of seisin
154. 154. Service, &c., of notices
155. 155. Service on body corporate
156. 156. Service on owners of lots
157. 157. Powers of entry in certain cases
158. 158. Power of entry by public or local authority
158A. 158A. Prescribed fees
158B. 158B. Validation
159. 159. Regulations
160. 160. Transitional provisions
161. 161. Administration of Act
162. 162.
SCHEDULE 1
SCHEDULE 1a
SCHEDULE 2
SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]