SUBDIVISION ACT 1988 - SCHEDULE 2
SUBDIVISION ACT 1988 - SCHEDULE 2
Schedule 2—Strata and cluster subdivisions
1 Definitions
In this Schedule—
"accessory lot" means a unit (which, by force of this Schedule, becomes a lot) on a registered plan of strata subdivision or a lot on a registered cluster plan—
(a) intended for separate ownership and use with any other lot as—
(i) a stairway, passage or utility space or for a like purpose, in the case of a registered plan of strata subdivision; or
(ii) a garden, garage, car parking space, storage space, swimming pool or laundry, or for a like purpose, in the case of a strata or cluster plan—
or partly for one and partly for any other of those purposes; and
(b) shown as an accessory lot on the plan;
"Act application date" means—
(a) for strata or cluster plans registered or strata or cluster redevelopment plans approved before the commencement of this Schedule, the date of commencement of this Schedule; or
(b) for strata or cluster plans registered or strata or cluster redevelopment plans approved on or after that commencement, the time immediately after the plan is registered or approved;
"car park lot" means an accessory lot intended to be owned and used for the purposes of parking a motor vehicle or partly for those purposes and partly for some other purpose;
limited residential lot means a unit (which, by force of this Schedule, becomes a lot) on a registered plan of strata subdivision or a lot on a registered cluster plan—
(a) intended to be owned and used for residential purposes or partly for residential purposes and partly for some other purpose; and
(b) no part of which is intended to be owned and used for the purposes of parking a motor vehicle; and
(c) which is not an accessory lot;
"notice of restriction" means—
(a) a notice in or to the effect of the form in the Fourth Schedule to the Strata Titles Act 1967 and contained in a registered plan of strata subdivision or a plan of redevelopment within the meaning of that Act; or
(b) a notice in or to the effect of the form in the Second Schedule to the Cluster Titles Act 1974 and contained in a registered cluster plan or in a plan of cluster redevelopment;
"restricted lot" means a limited residential lot specified as a restricted lot in a notice of restriction;
scheme of development means a scheme of development accompanying a registered cluster plan under section 21 of the Cluster Titles Act 1974 ;
"strata or cluster body corporate" means—
(a) a body corporate created under the Strata Titles Act 1967 on a registered plan of strata subdivision; or
(b) a body corporate created under the Cluster Titles Act 1974 on a registered cluster plan;
"strata or cluster plan" means—
(a) a registered plan of strata subdivision; or
(b) a registered cluster plan;
"strata or cluster redevelopment plan" means—
(a) a plan of redevelopment approved under the Strata Titles Act 1967 ; or
(b) a plan of cluster redevelopment approved under the Cluster Titles Act 1974 .
2 Act to apply to strata or cluster plans and redevelopment
(1) On and from the Act application date—
(a) this Act applies to a strata or cluster plan or a strata or cluster redevelopment plan and the Strata Titles Act 1967 and Cluster Titles Act 1974 cease to apply to that plan;
(b) each registered plan of strata subdivision or approved plan of redevelopment within the meaning of the Strata Titles Act 1967 and each notice of restriction contained in it or scheme of development accompanying it has effect as if a reference to a unit (whether accessory, car park, limited residential, restricted or otherwise) were a reference to a lot;
(c) the status of land as an accessory lot, car park lot, limited residential lot or restricted lot or common property is not affected;
(d) each strata or cluster body corporate becomes a body corporate under this Act;
Note to Sch. 2 cl. 2(1)(d) inserted by No. 42/2017 s. 68.
Note
A body corporate under this Act has the same meaning as an owners corporation as defined in section 3 of the Owners Corporations Act 2006 , in accordance with clause 4 of Schedule 2 to that Act.
(e) the easements or rights implied over a strata or cluster plan under section 12 of the Strata Titles Act 1967 or section 20 of the Cluster Titles Act 1974 are extinguished;
(f) there are implied over the land in a strata or cluster plan the easements referred to in section 12(2) of this Act;
(g) a certificate of title to a lot on a strata or cluster plan has effect as if any reference to section 12 of the Strata Titles Act 1967 or section 20 of the Cluster Titles Act 1974 were a reference to section 12 of this Act.
(2) Subsection (1) does not affect the status or operation of—
(a) a strata or cluster body corporate; or
(b) a notice of restriction on a strata or cluster plan or a strata or cluster redevelopment plan; or
(c) lot entitlement or liability on a strata or cluster plan or a strata or cluster redevelopment plan; or
(d) a lot, accessory lot, car park lot, limited residential lot, restricted lot or common property on a strata or cluster plan or a strata or cluster redevelopment plan.
(3) In relation to a strata or cluster plan, section 28 has effect as if all the lots on the plan were specified lots.
3 Folios of the Register and certificates of title
(1) Unless the Registrar is requested to do so under section 31 or 32 of the Transfer of Land Act 1958 or the plan is next amended or, in the case of common property, section 28(e) otherwise requires, the Registrar need not—
(a) amend recordings in the Register concerning, or produce a new certificate of title for, a lot affected by the operation of clause 2(1); or
(b) create a folio of the Register or produce a certificate of title for common property on a strata or cluster plan.
(2) On the creation of a folio of the Register for common property on a strata or cluster plan, any folio of the Register for a lot on that plan has effect as if any reference to an undivided share in the common property were deleted.
(3) On a folio of the Register or Certificate of Title for an accessory lot or restricted lot, the Registrar may record the fact that it is a lot of that kind.
(4) This clause has effect despite anything in section 28(e).
4 Administrators
(1) On the Act application date a current order made under the Strata Titles Act 1967 or the Cluster Titles Act 1974 appointing an administrator has effect as if made under this Act.
(2) Subsection (1) does not affect the previous operation of the order.
5 Boundaries
Unless the plan otherwise provides, if the whole or part of a boundary of a lot with another lot or with common property on a strata or cluster plan or a strata or cluster redevelopment plan lies along or within a structure that is a wall, fence, floor or ceiling, the boundary is the median of the structure.
6 Effect of notice of restriction
If a strata or cluster plan or a strata or cluster redevelopment plan contains a notice of restriction, the Registrar must not—
(a) register a transfer, mortgage, charge, lease or sub-lease of a restricted lot on the same plan unless that dealing includes a car park lot; or
(b) record in the Register a transmission of, or vesting order or disposition dealing with, a restricted lot on the same plan unless the transmission, order or disposition includes a car park lot; or
(c) create a folio of the Register for a restricted lot unless the folio states that the registration of dealings with the lot is restricted.
7 Updating plans
(1) The Registrar may—
(a) amend or substitute information in a strata or cluster plan or a strata or cluster redevelopment plan; or
(b) require a person who proposes to amend a plan of that kind to amend or substitute information in it—
in any way the Registrar thinks appropriate to make the plan resemble more closely plans prepared under this Act.
(2) Subsection (1) does not permit a change to the substance of the information in a plan.
8 Accessory lots
A person cannot deal with an interest in an accessory lot by selling, transferring, mortgaging, leasing or sub-leasing it unless—
(a) the dealing is made or has effect as part of or in connection with a dealing with a corresponding interest in a lot on the same plan that is not an accessory lot; or
(b) the dealing is made with the Registered proprietor, purchaser, transferee, mortgagee, lessee or sub-lessee of a lot on the same plan that is not an accessory lot.
9 Amendment of plans
(1) On and from the Act application date, a strata or cluster plan cannot be amended by a later strata or cluster plan or a later strata or cluster redevelopment plan unless—
(a) section 44(5E), (5F) or (10A) applies to the later plan; or
(b) the later plan was submitted and lodged under section 44(2) or (3).
(2) If the Council agrees, a cluster plan registered on or after the commencement of this Schedule need not be accompanied by a scheme of development.
10 Additional powers of strata or cluster bodies corporate
(1) Without limiting its other powers, a strata or cluster body corporate may proceed under section 32(1) to—
(a) add to or delete a notice of restriction on the plan; or
(b) change a lot to an accessory lot or an accessory lot to a lot.
(2) A strata or cluster body corporate cannot exercise any of the powers referred to in subclause (1) so that land included in the plan after the Act application date becomes or is included in a restricted lot or accessory lot.
11 Enforcement of schemes of development
Sch. 2 cl. 11(1) amended by No. 57/1993 s. 17(5).
(1) A Council or a body corporate created on a cluster plan or a member of that body corporate may apply to a court of competent jurisdiction for an order—
(a) compelling performance, or restraining a breach, of a requirement or restriction in a scheme of development; or
(b) awarding damages for loss or damage arising out of a breach of a requirement or restriction in a scheme of development—
by a body corporate, a member of the body corporate or (to the extent that the requirement or restriction is negative in character) the occupier of a lot affected by the body corporate.
(2) The court may make the order applied for if it is satisfied it is just and equitable to do so.
12 Stage development
(1) If—
(a) there is a registered cluster plan for the development of land in stages; and
(b) any of the stages is subject to outstanding Council requirements within the meaning of the Cluster Titles Act 1974 —
the owners of the land subject to the requirements may use a plan under section 37 to take the land out of the stage development, as if the development were a staged subdivision.
(2) On the registration of a plan referred to in subclause (1), Part IV of the Cluster Titles Act 1974 and any applicable Council requirements cease to apply to the land in the plan.
(3) This Schedule does not prevent a person choosing to proceed with the development of land in stages under section 44.
Sch. 3 inserted by No. 47/1989 s. 23(2), repealed by No. 48/1991 s. 42(2).
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