Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A proprietor of a
lot in a single tier strata scheme or a survey-strata scheme who did not
before the expiry of the transition period referred to in
section 123C —
(a) give
notice under subsection (3) of that section; and
(b)
cause a copy of the notice to be lodged with the Registrar of Titles in
accordance with subsection (4) of that section,
may apply to the State
Administrative Tribunal for an order under this section.
(2) An order under
this section is an order —
(a) that
liability in relation to fencing between lots in the scheme is to be
determined as if section 123B had not been enacted; and
(b)
making provisions of a transitional or incidental nature that may be necessary
in the circumstances.
(3) On the making of
an application under subsection (1), the State Administrative Tribunal
may make an order under this section if satisfied that —
(a) the
applicant was unable because of exceptional circumstances to do the things
mentioned in subsection (1)(a) and (b) before the expiry of the
transition period;
(b)
there is a good reason why liability in relation to fencing between lots in
the scheme should be determined as if section 123B had not been enacted;
and
(c) it
would not be unfair to any person having a registered interest in any lot for
the order to be made.
(4) An order under
this section is to specify the day on and from which liability in relation to
fencing between lots in the scheme is to be determined as if section 123B
had not been enacted but that day cannot be before subsection (5) has
been complied with.
(5) An order under
this section is of no effect until a copy of the order has been recorded by
the Registrar of Titles under section 115 on the strata plan to which it
relates.
[Section 103R inserted by No. 61 of 1996
s. 35; amended by No. 55 of 2004 s. 1156(1) and (3) and 1158.]