Contents (1973 - 68)
Strata Schemes (Freehold Development) Act 1973 No 68
Status information

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4 (Repealed)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
37 Approval of proposed strata plans, certain subdivisions and conversions of lots into common property
37A Approvals by accredited certifiers
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 Particulars of unit entitlements furnished to rating or taxing authority to be conclusive
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

97–145 (Repealed)

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 Requirements for strata plans

 Schedule 1B Rights and obligations implied in certain easements

 Schedule 1BA Covenants implied in strata development contracts

 Schedule 1C Strata management statements

 Schedules 1–3 (Repealed)

 Schedule 4 Transitional and savings provisions

Historical notes