161   Order enforcing restriction on use of utility lot

(1)  An Adjudicator may order the owner of a utility lot and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 39 of the Strata Schemes (Freehold Development) Act 1973 or section 68 of the Strata Schemes (Leasehold Development) Act 1986 on the use of the utility lot.

(2)  An application for an order under subsection (1) may be made only by an owners corporation, the lessor under a leasehold strata scheme or an owner or occupier of a lot in a strata scheme.

(3)  An Adjudicator may order the owner of a utility lot within the area of a local council and any other person who received notice of the application to refrain from committing a breach of a restriction imposed under section 39 of the Strata Schemes (Freehold Development) Act 1973 or section 68 of the Strata Schemes (Leasehold Development) Act 1986 on the use of the utility lot.

(4)  An application for an order under subsection (3) may be made only by the relevant local council.

Note. Utility lot is defined in the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986 as meaning a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.