New South Wales Repealed Acts

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This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973


- As at 30 November 2016 
- Act 68 of 1973 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Act binds Crown
   4.      (Repealed)
   5.      Definitions
   5A.     Notes in text
   6.      Construction of Act
   6A.     Application of Act to electronic form plans and other documents

   PART 2 - LAND IN STRATA SCHEMES

           Division 1 - Creation of lots and common property

   7.      Subdivision
   8.      Registration of strata plans
   8AA.    Effect of registration of a strata plan creating a stratum parcel
   8AB.    Easements in certain strata schemes
   8A.     Subdivision of development lot
   9.      Subdivision of lots and common property
   10.     Unit entitlement of lots created by subdivision of lots
   11.     Unit entitlements of lots in subdivisions involving common property
   12.     Consolidation of lots
   13.     Conversion of lots into common property
   14.     Alteration of building affecting lot boundary
   15.     Certificates of title to be lodged with plans of subdivision or consolidation, notices of conversion and building alteration plans
   16.     Strata plans to be signed or consented to
   17.     Provisions prohibiting registration to operate cumulatively

           Division 2 - Common property

   18.     Vesting of common property on registration of strata plan
   19.     Acquisition of additional common property
   20.     Body corporate to hold common property as agent for proprietors
   21.     Common property to be dealt with only under this Act and the Strata Schemes Management Act 1996
   22.     Folio where no common property
   22A.    Folios for bodies corporate, generally
   23.     Folio where there is common property
   24.     Dealings with lots include common property
   25.     Transfer or lease of common property
   26.     Creation or variation of easements, restrictions and positive covenants
   27.     Dedication of common property
   28.     Effect of dealings under this Division

           Division 2A - Staged development

   28A.    Explanation of staged development
   28B.    Obligations of consent authorities
   28C.    Form and content of strata development contract
   28D.    Concept plan
   28E.    Variation of liability for common property expenses
   28F.    Signing of strata development contract and amendments
   28G.    Registration of strata development contract and amendments
   28H.    Notice of strata development contract and amendments
   28I.    Effect of strata development contract
   28J.    Amendment of strata development contract
   28K.    Approval of amendments by Land and Environment Court
   28L.    Use of common property and development lot by developer
   28M.    Adding land to a parcel subject to a strata development contract
   28N.    Right to complete permitted development
   28O.    What are "development concerns"?
   28P.    Meetings of body corporate relating to development concerns
   28Q.    Conclusion of development scheme
   28QAA.  Revised schedule of unit entitlements
   28QA.   Order for extension or conclusion of development scheme
   28QB.   Application for assistance
   28QC.   Investigation of application for assistance
   28QD.   Power of entry
   28QE.   Application of Fair Trading Act 1987 to applications for assistance
   28QF.   Grant of legal assistance
   28QG.   Resolution authorising application by body corporate
   28QH.   Functions of Director-General

           Division 2B - Strata management statements

   28R.    Requirement for strata management statement
   28S.    Formal requirements
   28T.    Registration of strata management statement
   28U.    Amendment of strata management statement
   28V.    Signing of strata management statement
   28W.    Effect of strata management statement

           Division 3 - Compulsory acquisition of lots and common property

   29.     Application of Division
   30.     Resumptions affecting parcels
   31.     Effect of resumption
   32.     Readjustment of strata scheme for purposes of resumption
   33.     Common property not to pass with lot or part of lot in certain circumstances
   34.     Severance of lots by resumption
   34A.    Resumptions where resuming authority is bound by this Act
   35.     Resumptions where resuming authority not bound by this Act

           Division 4 - Strata certificates

   36.     Other Acts not to apply to subdivisions under Division 1
   36A.    Persons who may apply for strata certificate
   37.     Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
   37A.    Approvals by accredited certifiers
   37AA.   Requirements relating to issue of strata certificates
   37B.    Relevant development consents
   37C.    Regulations
   37D.    Satisfaction as to compliance with conditions precedent to issue of strata certificates
   37E.    Accreditation of certifiers
   37F.    Insurance of accredited certifiers
   38.     Encroachments
   39.     Utility lots
   40.     Notices of and appeals against refusal of approval

           Division 5 - Powers and duties of Registrar-General

   41.     Registration of plans and notices
   42.     Provisions applying to strata plans and certain other documents
   43.     Registrar-General's power to adjust unit entitlements
   44.     Recording of condition restricting use imposed by local council
   45.     Prohibition on recordings in the Register in certain circumstances
   46.     Certain recordings to be made by Registrar-General
   47.     Duties of Registrar-General where resumed land remains subject to strata scheme
   48.     Duties of Registrar-General where resumed land is excluded from strata scheme
   49.     Notice to produce electronic form plans and other documents

   PART 3 - VARIATION OR TERMINATION OF STRATA SCHEMES

   50.     Variation of strata scheme consequent on damage to or destruction of building
   51.     Termination of strata scheme
   51A.    Termination of strata scheme by Registrar-General
   52.     Interchangeability of notices
   53.     Consequences of making an order under section 50 or 51

   PART 4 - RATING AND TAXATION

           54-88. (Repealed)
   89.     Definitions
   90.     Valuation of parcel
   90A.    Valuation of parcels that form part of the site of a building
   91.     (Repealed)
   92.     Rating of lots
   93.     Charges for services
   94.     Certain lots not ratable
   95.     (Repealed)
   96.     Certain valuations of interests in parcel not to be used for purposes of this Division

   PART 5 - (Repealed)
   None

   PART 6 - GENERAL

           146-151. (Repealed)
   152.    Notice of application for order under section 32, 50 or 51
           153-156. (Repealed)
   157.    Proceedings for offences
   158.    Regulations--general
   159.    (Repealed)
   160.    Transitional and savings provisions
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 1BA
           SCHEDULE 1C
           Schedule 3 (Repealed)
           SCHEDULE 4


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