Act to apply to strata or cluster plans and redevelopment
2 Act to apply to strata or cluster plans and redevelopment
On and from the Act application date—
this Act applies to a strata or cluster plan or a strata or cluster redevelopment plan and the Strata Titles Act 1967 and Cluster Titles Act 1974 cease to apply to that plan;
each registered plan of strata subdivision or approved plan of redevelopment within the meaning of the Strata Titles Act 1967 and each notice of restriction contained in it or scheme of development accompanying it has effect as if a reference to a unit (whether accessory, car park, limited residential, restricted or otherwise) were a reference to a lot;
the status of land as an accessory lot, car park lot, limited residential lot or restricted lot or common property is not affected;
each strata or cluster body corporate becomes a body corporate under this Act;
Note to Sch. 2 cl. 2(1)(d) inserted by No. 42/2017 s. 68.
Note
A body corporate under this Act has the same meaning as an owners corporation as defined in section 3 of the Owners Corporations Act 2006, in accordance with clause 4 of Schedule 2 to that Act.
the easements or rights implied over a strata or cluster plan under section 12 of the Strata Titles Act 1967 or section 20 of the Cluster Titles Act 1974 are extinguished;
there are implied over the land in a strata or cluster plan the easements referred to in section 12(2) of this Act;
a certificate of title to a lot on a strata or cluster plan has effect as if any reference to section 12 of the Strata Titles Act 1967 or section 20 of the Cluster Titles Act 1974 were a reference to section 12 of this Act.
Subsection (1) does not affect the status or operation of—
a strata or cluster body corporate; or
a notice of restriction on a strata or cluster plan or a strata or cluster redevelopment plan; or
lot entitlement or liability on a strata or cluster plan or a strata or cluster redevelopment plan; or
a lot, accessory lot, car park lot, limited residential lot, restricted lot or common property on a strata or cluster plan or a strata or cluster redevelopment plan.
In relation to a strata or cluster plan, section 28 has effect as if all the lots on the plan were specified lots.
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