Strata Schemes (Leasehold Development) Act 1986 No 219
Current version for 1 January 2014 to date (accessed 23 December 2014 at 12:34)

7   Registration of strata plans

(1973 Act, s 8)

(1)  A plan relating to land and illustrating a proposed subdivision referred to in section 6 (2) or (3) shall not be registered as a strata plan unless:
(a)  (Repealed)
(b)  where all of the land is subject to a lease or leases registered under the Real Property Act 1900 which is or are intended to be replaced wholly or partly by leases of each of the lots and the common property (if any) shown on the plan:
(i)  the replacement leases relating to the proposed lots and, if the plan provides for common property, the common property have been lodged in the office of the Registrar-General for registration,
(ii)  those replacement leases are expressed to be wholly or partly in substitution for the lease or leases first referred to in this paragraph, and
(iii)  the terms of those replacement leases are all expressed to commence on registration of the plan and to expire at the same time as the lease or leases first referred to in this paragraph and, if those replacement leases confer rights of renewal, the renewal terms are the same,
(c)  where the land is subject to leases registered under the Real Property Act 1900 which are intended to subsist after the plan is registered as leases of each of the lots shown on the plan:
(i)  the terms of those leases have commenced and are all expressed to expire at the same time and, if those leases confer rights of renewal, the renewal terms are the same, and
(ii)  the Registrar-General is satisfied, as a result of evidence produced to the Registrar-General, that the area to which each of those leases relates (not being an area that is leased solely or principally for use by lessees of the land in common with each other) corresponds to a lot or lots shown on the plan,
and either:
(iii)  there has been lodged in the office of the Registrar-General a certificate in an approved form, purporting to be signed by the persons prescribed for the purposes of this subparagraph and certifying that at a meeting held for the purpose a resolution, supported by all of the lessees under those leases, was passed agreeing to the proposed subdivision of the land as shown on the plan, or
(iv)  if at such a meeting a majority but not all of those lessees supported such a resolution—there has been lodged in the office of the Registrar-General a certified or office copy of the minute of an order, made in accordance with subsection (7), approving the scheme for subdivision,
and:
(v)  if the plan provides for common property—there has been lodged in the office of the Registrar-General for registration a lease of the common property, and
(vi)  the term of the lease of the common property is expressed to commence on registration of the plan and to expire at the same time as the terms of the leases referred to in subparagraph (i) and, if the leases so referred to confer rights of renewal, the lease of the common property confers a right of renewal for a term that is the same as that conferred by those rights, or
(d)  where the plan is lodged in circumstances different from those described in paragraph (b) or (c):
(i)  there have been lodged in the office of the Registrar-General for registration leases from the proprietor of each of the lots (which may consist of or include leases to the proprietor) and, if the plan provides for common property, a lease of the common property, and
(ii)  the terms of the leases referred to in subparagraph (i) are all expressed to commence on registration of the plan (but, in the case of the leases of the lots, may be expressed to commence before registration of the plan) and to expire at the same time and, if the leases confer rights of renewal, the renewal terms are the same.
(e)–(j)  (Repealed)
(2)  A plan intended to be registered as a strata plan must include, as sheets of the plan:
(a)  a location plan, and
(b)  a floor plan, and
(c)  a schedule of unit entitlement.
(2A)  The plan must be lodged with a separate document in the approved form that includes:
(a)  the address at which documents may be served on the proposed body corporate, and
(b)  a strata certificate issued by the local council under section 66 or an accredited certifier under section 66A in the approved form, unless the plan is lodged by the Crown or a statutory body representing the Crown, and
(c)  a certificate given by a registered land surveyor in the approved form certifying that each applicable requirement of Schedule 1A has been met.

The document must also identify any encroachment by the building (whether or not on to a public place).

(2B)  The floor plan for a leasehold strata scheme that does not provide for common property must show that at least one (or part of one) of the proposed lots is superimposed on another (or part of another) of the proposed lots.
(2C)  The schedule of unit entitlement for a leasehold strata scheme that does not include a development lot must show as whole numbers the aggregate unit entitlement of all lots and the proposed unit entitlement of each lot.
(2CA)  The schedule of unit entitlement for a leasehold strata scheme that includes a development lot must show as whole numbers:
(a)  the aggregate unit entitlement of all lots, whether or not development lots, and
(b)  apportioned on the basis of land value (within the meaning of the Valuation of Land Act 1916) and so as to total that aggregate unit entitlement:
•  the proposed unit entitlement of each development lot, and
•  the proposed unit entitlement of all lots that are not development lots, being the unit entitlement attributable to the residue of the land in the proposed parcel, and
(c)  apportioned on a market value basis and so as to total the proposed unit entitlement of all lots that are not development lots, the proposed unit entitlement of each lot that is not a development lot.
(2CAA)  The schedule of unit entitlement for a strata scheme that includes a development lot must indicate that the schedule may, on conclusion of the development scheme, be revised under section 57AAA.
(2CB)  A plan intended to be registered as a strata plan must indicate:
(a)  that specified model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme and, if those model by-laws contain one or more alternative versions of any by-law, that the specified version of that by-law is proposed to be adopted, or
(b)  that other specified by-laws are proposed to be adopted for the scheme.
(2CC)  If a strata plan indicates that by-laws other than the model by-laws prescribed by the regulations made under the Strata Schemes Management Act 1996 are proposed to be adopted for the strata scheme, the plan must be accompanied by the by-laws specified. The by-laws must be in the form approved under the Real Property Act 1900 and must have been signed by the persons required to have signed the strata plan under section 19 (1).
(2CD)  The proposed by-laws for a strata scheme have no effect until the strata plan (and any proposed by-laws that are required to accompany it) are registered. However, registration does not operate to give effect to by-laws that have not been lawfully made.
(2D)  A plan intended to be registered as a strata plan that creates a development lot must be accompanied by:
(a)  a copy of the relevant strata development contract, and
(b)  unless the plan is lodged by the Crown or a statutory body representing the Crown—the certificate of the consent authority provided under section 42 (2).
(2E)  The Registrar-General may refuse to register a plan as a strata plan:
(a)  if any requisition made by the Registrar-General with respect to the registration of any lease lodged in connection with registration of the plan has not been complied with, or
(b)  if a formal land survey plan (within the meaning of the Surveying and Spatial Information Act 2002) of the proposed parcel requested by the Registrar-General and such number of copies of the plan of survey, if any, as have been so requested have not been lodged in the office of the Registrar-General, or
(b1)  if the certificate of title or Crown grant for the land comprising the proposed parcel does not accompany the plan (or is not produced in the office of the Registrar-General within such time as the Registrar-General considers reasonable), unless evidence is furnished to the Registrar-General’s satisfaction that:
(i)  the certificate of title or Crown grant is in his or her custody, and that he or she has authority to use the instrument in connection with the registration of the plan, or
(ii)  the certificate of title or Crown grant has been lost, mislaid or destroyed and application has been duly made (and is being duly prosecuted) under section 111 of the Real Property Act 1900, or
(c)  if any requisition made by the Registrar-General concerning the registration of a by-law that confers a right of exclusive use and enjoyment of, or special privileges in respect of, common property has not been complied with.
(2F)  The plan of survey must show, should the Registrar-General so request, the relationship by measurement of the building to the perimeter of the proposed parcel and, in the case of a proposed stratum parcel, to the perimeter of the site.
(3)  If a proposed strata plan provides for common property, a reference in subsection (1) to a lease of common property is a reference to a lease of common property from the proprietor as lessor under the proposed leasehold strata scheme to the body corporate to be constituted on the registration of the plan, being a lease executed by that proprietor as agent for that body corporate.
(4), (5)  (Repealed)
(6)  Where a meeting of persons who are lessees of the land comprised in a parcel has been held for the purposes of subsection (1) (c) and a majority (but not all) of those persons supported a resolution for the subdivision of the parcel as shown on a proposed strata plan, any one or more of the persons who supported the resolution may apply to the Supreme Court for an order under subsection (7).
(7)  On hearing an application made under subsection (6), the Supreme Court may if it appears to it to be just and equitable to do so, make an order approving the scheme for the subdivision of the parcel to which the application relates.
(8)  Notice of an application made under subsection (6) must be given to any person who is a lessee of a part of the parcel concerned unless that person is the applicant or, as the case may be, one of the applicants.
(9), (10)  (Repealed)
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