Contents (1986 - 219)
Strata Schemes (Leasehold Development) Act 1986 No 219
Status information

Long title

Part 1 Preliminary

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

Part 2 Land in leasehold strata schemes

Division 1 Creation of lots and common property

6 Subdivision
7 Registration of strata plans
8 Effect of registration of a strata plan
9 Easements in certain leasehold strata schemes
10 Subdivision of development lot
11 Subdivision of lots and common property
12 Consequences of registration of strata plan of subdivision
13 Unit entitlement of lots in subdivision not involving common property
14 Unit entitlements of lots in subdivisions involving common property
15 Consolidation of lots
16 Conversion of lots into common property
17 Alteration of building affecting lot boundary
18 Certificates of title to be lodged with plans and notices
19 Strata plans to be signed or consented to
20 Provisions prohibiting registration to operate cumulatively

Division 2 Common property

21 Effect of creation of common property
22 Acquisition of additional common property
23 Body corporate to hold leasehold estate in common property as agent for lessees
24 Common property to be dealt with only under this Act and the Strata Schemes Management Act 1996
25 Folio where no common property
26 Folios for bodies corporate, generally
27 Folio where there is common property
28 Dealings with lots include leasehold estate in common property
29 Transfer or lease of common property
30 Creation or variation of easements, restrictions and positive covenants
31 Dedication of common property
32 Effect of dealings under this Division

Division 3 Leases of lots

33 Provisions generally applicable to leases
34 Restrictions on dealings by lessee
35 Powers of lessor where no current lease
36 Further leases of lots and common property
37 Expiry of leases of lots
38 Restrictions on re-entry or forfeiture of lease of lot

Division 4 Conversion of leasehold strata scheme to freehold strata scheme

39 Procedure for converting leasehold strata scheme
40 Effect of merger of leasehold estate with lessor’s reversion

Division 5 Staged development

41 Explanation of staged development
42 Obligations of consent authorities
43 Form and content of strata development contract
44 Concept plan
45 Variation of liability for common property expenses
46 Signing of strata development contract and amendments
47 Registration of strata development contract and amendments
48 Notice of strata development contract and amendments
49 Effect of strata development contract
50 Amendment of strata development contract
51 Approval of amendments by Land and Environment Court
52 Use of common property and development lot by developer
53 Adding land to a parcel subject to a strata development contract
54 Right to complete permitted development
55 What are “development concerns”?
56 Meetings of body corporate relating to development concerns
57 Conclusion of development scheme
57AAA Revised schedule of unit entitlements
57AA Order for extension or conclusion of development scheme
57AB Application for assistance
57AC Investigation of application for assistance
57AD Power of entry
57AE Application of Fair Trading Act 1987 to applications for assistance
57AF Grant of legal assistance
57AG Resolution authorising application by body corporate
57AH Functions of Director-General

Division 5A Strata management statements

57A Requirement for strata management statement
57B Formal requirements
57C Registration of strata management statement
57D Amendment of strata management statement
57E Signing of strata management statement
57F Effect of strata management statement

Division 6 Compulsory acquisition of lots and common property

58 Definition
59 Resumptions affecting parcels
60 Effect of resumption
61 Readjustment of leasehold strata scheme for purposes of resumption
62 Common property not to pass with lot or part of lot in certain circumstances
63 Severance of lots by resumption
63A Resumptions where resuming authority is bound by this Act
64 Resumptions where resuming authority not bound by this Act

Division 7 Strata certificates

65 Other Acts not to apply to subdivisions under Division 1
65A Persons who may apply for strata certificate
66 Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
66A Approvals by accredited certifiers
66AA Requirements relating to issue of strata certificates
66B Relevant development consents
66C Regulations
66D Satisfaction as to compliance with conditions precedent to issue of strata certificates
66E Accreditation of certifiers
66F Insurance of accredited certifiers
67 Encroachments
68 Utility lots
69 Notices of and appeals against refusal of approval

Division 8 Powers and duties of Registrar-General

70 Registration of plans and notices
71 Provisions applying to strata plans and certain other documents
72 Registrar-General’s power to adjust unit entitlements
73 Recording of condition restricting use imposed by local council
74 Prohibition on recordings in the Register in certain circumstances
75 Certain recordings to be made by Registrar-General
76 Duties of Registrar-General where resumed land remains subject to strata scheme
77 Duties of Registrar-General where resumed land is excluded from strata scheme
78 Notice to produce electronic form plans and other documents

Part 3 Variation or termination of leasehold strata schemes

79 Variation of leasehold strata scheme consequent on damage to or destruction of building
80 Termination of leasehold strata scheme
80A Termination of leasehold strata scheme and leases by Registrar-General
81 Interchangeability of notices
82 Consequences of making an order under section 79 or 80

Part 4 Rating and taxation

83–120 (Repealed)
121 Definitions
122 Valuation of parcel
122A Valuation of parcels that form part of the site of a building
123 Particulars of unit entitlements furnished to rating or taxing authority to be conclusive
124 Rating of lots
125 Charges for services
126 Certain lots not ratable
127 (Repealed)
128 Certain valuations of interests in parcel not to be used for purposes of this Division

Part 5

129–183 (Repealed)

Part 6 General

184–189 (Repealed)
190 Notice of application for order under section 61, 79 or 80
191–194 (Repealed)
195 Proceedings for offences
196 Regulations—general

 Schedule 1A Requirements for strata plans

 Schedule 1 Rights and obligations implied in certain easements

 Schedule 2 Compensation payable on termination of leasehold strata scheme

 Schedule 2AA Covenants implied in strata development contracts

 Schedule 2A Strata management statements

 Schedules 3, 4 (Repealed)

 Schedule 5 Transitional and savings provisions

Historical notes