SCHEDULE 2 - Transitional provisions

Section 160

1.    Plans registered under repealed legislation

(1) A plan registered under the repealed legislation is taken to be a plan registered under this Act.

(2) An amendment to a registered plan registered under the repealed legislation, or a notification of change of by-laws under the repealed legislation, is taken to be an amendment to the plan registered under this Act.

2.    Proceedings for registration of plans

Proceedings for registration of a plan, or an amendment to a plan, that had been commenced before the commencement of this Act may be continued and completed –

(a) under the repealed legislation; or

(b) under this Act; or

(c) if the Recorder so determines, to an extent determined by the Recorder under the repealed legislation and to an extent determined by the Recorder under this Act.

3.    Strata companies

A strata company created on registration of a stratum plan under the repealed legislation continues in existence as a body corporate under this Act without change to its corporate identity.

4.    Reservation of names

A name reserved under the repealed legislation is taken to be a name reserved under the corresponding provision of this Act.

5.    Conversion of existing strata schemes into staged development schemes

(1) A body corporate for a strata scheme created on registration of a stratum plan under the repealed legislation (or a developer authorised by the body corporate to make the application) may, within 3 years after the commencement of this Act, apply for the conversion of the strata scheme into a staged development scheme or the incorporation of the strata scheme into a staged development scheme as a part of that scheme.

(2) An application under this section must be accompanied by –

(a) a copy of the resolution authorising the application certified under the body corporate's common seal; and

(b) the documents that would be required for a new staged development scheme; and

(c) any further documents or material required by the Recorder; and

(d) the prescribed fee.

(3) The Recorder may, on an application under this clause, register the conversion or incorporation of the strata scheme into a staged development scheme and, on registration, the conversion or incorporation takes effect.

6.    Conversion of existing scheme for dividing building into strata scheme

(1) If –

(a) a building is divided in title; and

(b) a company exists for purposes similar to those of a body corporate for a strata scheme; and

(c) a strata plan is registered in relation to the whole of the land comprised in the certificates of title relating to the building –

the company is dissolved on registration of the strata plan and its rights and liabilities become rights and liabilities of the body corporate formed on registration of the strata plan.

(2) If –

(a) a company is the owner of land; and

(b) the shareholders of the company are entitled to the occupation of separate parts of the land by reason of long-term leases or rights attaching to their shares in the company; and

(c) a strata plan in relation to the land is registered with the consent of the company, the shareholders and all other persons with registered interests in the land (or the leases) –

folios of the Register for the lots are to be issued in the names of the persons who formerly had rights of occupation by reason of the leases or rights attaching to their shares and the company is dissolved and its rights and liabilities (apart from those relating to the lots formed on registration of the plan) become rights and liabilities of the body corporate formed on registration of the plan.