Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, every strata plan and every plan of re-subdivision or consolidation
for a strata scheme lodged for registration under this Act shall be
accompanied by a certificate of approval given by the Commission unless the
proposed subdivision, re-subdivision or consolidation is exempt from the
requirement of such a certificate by reason of regulations made under this
section.
(2) The Governor may
make regulations providing for the exemption of a proposed subdivision,
re-subdivision or consolidation, or subdivisions, re-subdivisions or
consolidations of any class or description or in any geographical area, from
the requirement of a certificate of approval given by the Commission for the
purposes of section 5B, 8A or 9.
(3) An application for
a certificate under this section shall be made to the Commission in the
prescribed form and manner and, where a building is to be constructed or
modified for the purposes of the strata scheme or a proposed strata scheme,
the application shall be made prior to the construction or modification of the
building unless the Commission otherwise agrees in a particular case.
(4) A certificate
granted by the Commission under this section shall certify the approval of the
Commission to the subdivision, re-subdivision or consolidation, as the case
may be, and shall be in the prescribed form and in the case of an application
made prior to construction or modification of a building proposed to be
divided into lots under the scheme, the Commission may grant a certificate
unconditionally or subject to such conditions as are specified in the
certificate.
(5) Without limiting
section 25A, sections 135, 136, 146 and 147 of the Planning and
Development Act 2005 do not apply to —
(a) a
subdivision effected by the registration of a strata plan;
(b) a
re-subdivision effected by a plan of re-subdivision for a strata scheme;
(c) a
consolidation effected by the registration of a plan of consolidation for a
strata scheme; or
(d) a
transfer converting a lot within a strata scheme to common property.
[(6) deleted]
(7) This section and
the giving of a certificate of approval by the Commission for the purposes of
this section shall be subject to the requirements of section 78 of the
Heritage of Western Australia Act 1990 .
(8) No exemption from
the requirements of this section shall take effect where the land or any part
of the land to which the strata scheme relates is land to which
section 78 of the Heritage of Western Australia Act 1990 applies.
[Section 25 amended by No. 97 of 1990
s. 30; No. 84 of 1994 s. 46; No. 58 of 1995 s. 261;
No. 55 of 2004 s. 1114; No. 38 of 2005 s. 15.]