Former lots in particular strata schemes
10 Former lots in particular strata schemes
This clause applies in relation to a lot in a strata scheme that has a boundary that—
under section 4 (2) of the repealed Conveyancing (Strata Titles) Act 1961, was the centre of a floor, wall or ceiling, and
under clause 3 (1) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973 was taken to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling, because the strata plan or strata plan of resubdivision did not state otherwise.
The boundary referred to in subclause (1) (a) is taken to continue to be the upper surface of the floor, the inner surface of the wall or the under surface of the ceiling.
This clause does not limit section 30 (2) (d) of the Interpretation Act 1987.
In this clause—
lot does not include any common infrastructure unless the common infrastructure was specified in the strata plan or strata plan of subdivision under the Conveyancing (Strata Titles) Act 1961 as forming a part of the lot.
Note.
This clause continues, for the purposes of this Act, the effect of clause 3 (1) and (2) of Part 1 of Schedule 4 to the Strata Schemes (Freehold Development) Act 1973.
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