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STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SCHEDULE 5

SCHEDULE 5 – Transitional and savings provisions

Part 1A - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Strata Schemes (Leasehold Development) Amendment Act 1999
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 1 - Provisions relating to the Strata Titles (Leasehold Part Strata) Amendment Act 1992

1 Definition

In this Part, "amending Act" means the Strata Titles (Leasehold Part Strata) Amendment Act 1992 .

2 Transitional

(1) This Act, as amended by an amendment made by the amending Act, applies to any leasehold strata scheme for a stratum parcel created before the commencement of the amendment (and to the parcel and building concerned) in the same way as it applies to any such scheme created after the commencement of the amendment (and to the parcel and building concerned).
(2) A strata management statement is not required for a building and its site if a stratum parcel including part of the building was created before the commencement of section 57A, despite subclause (1).

3 Exemption from insurance

An order that exempted a body corporate from any requirement of section 115 immediately before the substitution of that section by the amending Act is, on that substitution:

(a) taken to have been made under that section, as so substituted, and
(b) taken to exempt the body corporate from the corresponding requirement of that section, as so substituted.

4 Orders under Part 5

(1) An order that was in force under Part 5 immediately before the commencement of any amendment of that Part made by the amending Act is, on the commencement of the amendment, taken to have been made under that Part, as so amended.
(2) An application for an order under Part 5 that was pending immediately before the commencement of any such amendment is, on the commencement of the amendment, taken to have been made under that Part, as so amended.

Part 2 - Provisions relating to the Strata Titles (Leasehold Staged Development) Amendment Act 1993

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Strata Titles (Leasehold Staged Development) Amendment Act 1993 .
(2) Such a provision may, if the regulations so provide, take effect on the date of assent to that Act or on a later date.
(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of that publication.

2 Transitional arrangements for certain development schemes

(1) The amendments made to this Act by the Strata Titles (Leasehold Staged Development) Amendment Act 1993 do not apply to a development scheme provided for, and represented by, a development statement:
(a) that was certified under section 41 (4) before 1 January 1995, or
(b) that, not needing to be so certified, was duly lodged for registration before 1 January 1995.
(2) The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Leasehold Staged Development) Amendment Act 1993 do not apply to any proceedings:
(a) that are commenced after 1 January 1995 in the Land and Environment Court, and
(b) that relate to any such development scheme or development statement.

3 Proceedings pending in Land and Environment Court

The amendments made to the Land and Environment Court Act 1979 by the Strata Titles (Leasehold Staged Development) Amendment Act 1993 do not apply to any proceedings that are, at 1 January 1995, pending in the Land and Environment Court under this Act.

Part 3 - Provisions relating to the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 .
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Application to existing developments

(1) The amendments made to this Act by the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 do not apply to any proposed strata plan, strata plan of subdivision or notice of conversion in respect of which an application for development consent was lodged before the commencement of this clause.
(2) For the purposes of satisfying section 66 (1) (a) (i), as amended by the Strata Schemes Legislation Amendment (Strata Approvals) Act 1999 , it is sufficient if the provisions of that subparagraph as in force immediately before that amendment are satisfied in respect of a building.

3 References to approvals under section 66

A reference in any Act (other than in this clause) or in any instrument made under any Act or in any instrument of any kind to:

(a) an approval under section 66, or
(b) a certificate of approval under section 66,
is to be read as a reference to a strata certificate issued under section 66 or 66A.

Part 4 - Transitional provisions relating to the Strata Schemes Legislation Amendment Act 2001

1 Definition

In this Part:
"amending Act" means the Strata Schemes Legislation Amendment Act 2001 .

2 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act, but only in relation to amendments made to this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the amending Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

3 Surveyors certificates

A certificate duly given by a registered surveyor under section 7 (2A) (c), 10 (3) (b) or 11 (2) (c) before the commencement of Schedule 1A is taken to have been duly given under that provision despite that amendment.

4 Transitional arrangements for certain staged development

The amendments made to this Act by the amending Act do not apply to a strata development contract or strata management statement registered before the commencement of this clause.

5 Transfer or lease of common property and creation of variation of easements, restrictions and positive covenants

A transfer or other dealing pursuant to a unanimous resolution passed before the commencement of an amendment made by the amending Act to section 22, 29, 30, 31 or 32 is authorised to be carried out after the commencement as if that section had not been amended.

Part 5 - Transitional provisions relating to the Environmental Planning Legislation Amendment Act 2006

1 Strata certificates

Division 7 of Part 2, as amended by the Environmental Planning Legislation Amendment Act 2006 , does not apply to or in respect of an application for a strata certificate made, but not determined, before the commencement of Schedule 3.4 to that Act and that Division, as in force immediately before that commencement, continues to apply to and in respect of any such application.



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