Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
administrator means an administrator appointed by
the State Administrative Tribunal under section 102;
Authority means the Western Australian Land
Information Authority established by the Land Information Authority Act 2006
section 5;
building means a building or buildings shown on a
strata plan;
Commission means Western Australian Planning
Commission established under the Planning and Development Act 2005 ;
common property means —
(a) so
much of the land comprised in a strata plan as from time to time is not
comprised in a lot shown on the plan;
(b) any
leasehold interest acquired by a strata company under section 18; and
(c) the
lot or lots shown on a survey-strata plan as common property;
council means the council of a strata company
constituted or deemed to have been constituted under this Act;
floor includes a stairway or ramp;
floor area in relation to a cubic space, means the
area occupied on a horizontal plane by the base of that cubic space;
floor plan means a plan, consisting of one or more
sheets, which —
(a)
defines by lines (in paragraph (c) referred to as base lines ) the base
of each vertical boundary of every cubic space forming the whole of a proposed
lot, or the whole of any part of a proposed lot, to which the plan relates;
(b)
shows —
(i)
the floor area of any such cubic space; and
(ii)
where any such cubic space forms part only of a proposed
lot, the aggregate of the floor areas of every cubic space that forms part of
the proposed lot;
and
(c)
where proposed lots or parts thereof to which the plan relates are
superimposed on other proposed lots or parts thereof to which the plan
relates —
(i)
shows the base lines in respect of the proposed lots or
parts thereof that are so superimposed separately from those in respect of the
other proposed lots or parts thereof upon which they are superimposed; and
(ii)
specifies, by reference to floors or levels, the order in
which that superimposition occurs;
land means land that is under the operation of the
Transfer of Land Act 1893 and held by the registered proprietor of the
land in fee simple;
licensed surveyor means a surveyor licensed under
the Licensed Surveyors Act 1909 ;
licensed valuer means a licensed valuer licensed
under the Land Valuers Licensing Act 1978 ;
local government means the local government of the
district in which the parcel in question is situated;
location plan , in relation to a strata plan,
means a plan, consisting of one or more sheets, which relates to land and
delineates the perimeter of that land and, in relation to that perimeter, the
location of any building erected on that land and of any proposed lots or part
of proposed lots not within any such building;
lot , in relation to a strata scheme, means one or
more cubic spaces forming part of the parcel to which a strata scheme relates,
the base of each such cubic space being designated as one lot or part of one
lot on the floor plan forming part of the strata plan, plan of re-subdivision
or plan of consolidation to which that strata scheme relates, being in each
case, but subject to section 3AB, cubic space the base of whose vertical
boundaries is as delineated on a sheet of that floor plan and which has
horizontal boundaries as ascertained under subsection (2), but does not
include any structural cubic space except where —
(a) the
boundaries of the cubic space are fixed under section 3AB; or
(b) the
boundaries are not so fixed and that structural cubic space —
(i)
has boundaries described in accordance with the
regulations; and
(ii)
is shown in that floor plan as part of a lot;
lot , in relation to a survey-strata scheme, means
land that is shown as a lot consisting of one or more parts on the plan for
that scheme, but does not include —
(a) a
lot shown as common property; or
(b) land
shown as being set aside for a road or reserve;
mortgage includes a charge for securing money or
money’s worth;
occupier in relation to a lot, means a person in
lawful occupation of that lot;
open space means the area of a lot that is not
occupied by any building and is to be calculated in such manner as is
prescribed;
original proprietor in relation to a scheme, means
the person by whom the parcel that is the subject of that scheme is held in
fee simple at the time of registration of the strata/survey-strata plan to
which the scheme relates;
parcel means the land comprised in a
strata/survey-strata plan;
permitted boundary deviation for the purposes of
the definition of “single tier strata scheme” and other
provisions, means a part of a lot that is above or below another lot in
circumstances allowed by the regulations;
person concerned means —
(a) a
person appearing by the Register to have an estate or interest in the common
property; and
(b) a
person having an estate or interest (other than a charge for a tax, rate or
other statutory liability) that has been notified to the strata company;
plot ratio , in relation to a lot or parcel, means
the ratio of the gross total of the areas of all floors in any building on the
lot or parcel to the area of the lot or parcel, and is to be calculated in
such manner as is prescribed;
prescribed means prescribed by regulations;
proprietor means the person who is for the time
being registered under the Transfer of Land Act 1893 as proprietor of an
estate in fee simple or an estate for life in a lot;
Register has the meaning given by the
Transfer of Land Act 1893 ;
Registrar of Titles means the person who is
Registrar of Titles under the Transfer of Land Act 1893 and includes any
person who is an Assistant Registrar under that Act;
resolution without dissent means a resolution that
complies with sections 3AC and 3C and also has the meaning given by
section 3CA;
re-subdivision has the meaning given by
subsection (5) and section 8(1);
scheme means a strata scheme or a survey-strata
scheme;
single tier strata scheme means a strata
scheme —
(a) in
which no lot or part of a lot is above or below another lot; or
(b)
which comes within paragraph (a) except for any lot that has a permitted
boundary deviation;
special resolution means a resolution that
complies with sections 3B and 3C and also has the meaning given by
section 3CA;
strata company means a body corporate constituted
under section 32 whether for a strata scheme or a survey-strata scheme;
strata/survey-strata plan means a strata plan or a
survey-strata plan;
strata plan has the meaning given by
section 4(1a);
strata scheme means —
(a) the
manner of division, from time to time, of a parcel into lots or into lots and
common property under a strata plan and the manner of the allocation, from
time to time, of unit entitlements among the lots; and
(b) the
rights and obligations, between themselves, of proprietors, other persons
having proprietary interests in or occupying the lots and the strata company,
as conferred or imposed by this Act or by anything done under the authority of
this Act and as in force from time to time;
structural cubic space means —
(a)
cubic space occupied by a vertical structural member, not being a wall, of a
building;
(b) any
pipes, wires, cables or ducts in a building; and
(c) any
cubic space enclosed by a structure enclosing any such pipes, wires, cables or
ducts,
but, except where section 3AB applies, does
not include any pipes, wires, cables or ducts that are for the exclusive use
or enjoyment of one lot;
survey-strata plan has the meaning given by
section 4(1b);
survey-strata scheme means —
(a) the
manner of division, from time to time, of a parcel into lots or into lots and
common property under a survey-strata plan and the manner of the allocation,
from time to time, of unit entitlements among the lots; and
(b) the
rights and obligations, between themselves, of proprietors, other persons
having proprietary interests in or occupying the lots and the strata company,
as conferred or imposed by this Act or by anything done under the authority of
this Act;
take , taken and taking have the same meanings as
they have for the purposes of Parts 9 and 10 of the Land Administration
Act 1997 and include a reference to the compulsory acquisition of land
under any Act of the Commonwealth authorising the compulsory acquisition of
land;
two-lot scheme means —
(a) a
strata scheme in which there are not more than 2 lots; or
(b) a
survey-strata scheme in which there are not more than 2 lots, not including
lots designated as common property lots;
unanimous resolution means —
(a) a
resolution that is passed unanimously at a duly convened general meeting of
the strata company —
(i)
of which at least 14 days’ notice specifying
the proposed resolution has been given; and
(ii)
at which all persons entitled to exercise the powers of
voting conferred under this Act are present and vote, either personally or by
proxy;
or
(b) a
resolution that is passed unanimously at a duly convened general meeting of
the strata company by every person entitled to exercise the powers of voting
conferred under this Act who is present and votes either personally or by
proxy and agreed to, in writing signed by him, within 28 days after the
day of the meeting by every other person who was entitled to exercise the
powers of voting conferred under this Act at the meeting, or by every person
who at the time of his signature was entitled to exercise those powers in
place of such other persons;
unit entitlement in respect of a lot, means the
unit entitlement of that lot shown on the schedule of unit entitlement
registered with the Registrar of Titles;
wall includes a door, window or other structure
dividing a lot from common property or from another lot.
(2) Except where
section 3AB applies, the boundaries of any cubic space referred to in
paragraph (a) of the definition of “floor plan” in
subsection (1) —
(a)
except as provided in paragraph (b) —
(i)
are in the case of a vertical boundary, where the base of
any wall corresponds substantially with any line referred to in
paragraph (a) of that definition — the inner surface of
that wall; and
(ii)
are, in the case of a horizontal boundary, where any
floor or ceiling joins a vertical boundary of that cubic
space — the upper surface of that floor and the under surface
of that ceiling;
or
(b) are
such boundaries as are described on a sheet of the floor plan relating to that
cubic space (those boundaries being described in the prescribed manner by
reference to a wall, floor or ceiling in a building to which that plan relates
or to structural cubic space within that building).
(2a) Notwithstanding
subsection (2), where —
(a) a
strata plan creates a boundary external to a building; or
(b)
other prescribed circumstances apply,
the floor plan may
include dimensions or survey information defining that boundary, in the
prescribed manner, by reference to the parcel boundary.
(3) A reference in
this Act to cubic space includes a reference to space contained in any
three-dimensional geometric figure which is not a cube.
(4) The fact that any
boundary is defined in a plan in terms of or by reference to —
(a) a
wall that is not vertical; or
(b) a
floor or ceiling that is not horizontal,
does not prevent that
plan from being a floor plan.
(5) A reference in
this Act to a re-subdivision of a lot or common property is a reference to the
alteration of the boundaries of —
(a) one
or more lots so as to create only 2 or more different lots;
(b) one
or more lots so to create one or more different lots and common property;
(c) one
or more lots and common property so as to create one or more different lots or
one or more different lots and common property; or
(d)
common property so as to create one or more lots,
but does not include a
reference to the consolidation of 2 or more lots into one lot or the
conversion of one or more lots into common property.
(6) Except in so
far as the context or subject-matter otherwise indicates or requires, it is a
sufficient compliance with any provision of this Act requiring an instrument
to be accompanied by another instrument if that other instrument is endorsed
on the first-mentioned instrument.
[Section 3 amended by No. 84 of 1994
s. 46(12); No. 58 of 1995 s. 5 2 , 95 and 96; No. 14
of 1996 s. 4; No. 61 of 1996 s. 4 and 5; No. 79 of 1996
s. 28; No. 81 of 1996 s. 153(1); No. 74 of 2003 s. 112(2),
(3); No. 55 of 2004 s. 1107 and 1156(1); No. 38 of 2005
s. 15; No. 60 of 2006 s. 160(2).]