Part 11 Miscellaneous

Neither the Recorder, nor any person acting under the Recorder's authority, is personally liable for or in respect of any act or omission done or made in good faith and in the exercise or purported exercise of powers under this Act.

If a certificate is issued under the common seal of a body corporate –

(a) certifying that a particular resolution was passed by the body corporate on a date specified in the certificate; and

(b) certifying the nature of the resolution –

(1) When the Recorder registers a plan or scheme, an amendment or variation to a plan or scheme or cancellation of a plan or scheme, the Recorder must take action to ensure that persons searching relevant folios of the Register receive notice of the plan, scheme, amendment, variation or cancellation.

(2) When the Recorder receives an application, notice or other document relating to a particular scheme, the Recorder must take action to ensure that a person searching the folio of the Register relating to the common property of the scheme receives notice of the application, notice or other document.

(1) The owner or occupier of a lot established by a scheme under this Act must not use the lot or permit its use –

(a) for a purpose other than a purpose for which the lot is established as indicated in the relevant registered plan or scheme; or

(b) contrary to a restriction indicated in the relevant registered plan or scheme.

(2) A notation on a registered plan or scheme under this section may be endorsed on part or all of a lot or part or all of the common property.

(3) A deletion or alteration to a notation on a registered plan or scheme under this section may be effected only by an amendment under Division 6 of Part 2.

(1) The rights and remedies conferred by this Act are not exclusive of rights and remedies that may exist apart from this Act.

(2) If a court is of the opinion that proceedings brought before the court could more appropriately have been brought under this Act, the court may order the plaintiff to pay the defendant's costs to an extent determined by the court.

Unity of seisin does not destroy an easement created or implied in relation to lots, or lots and common property, under this Act.

(1) A notice under this Act may be served on, or given to, a person –

(a) by posting it in accordance with the regulations to the person's address for service or the person's last known place of residence or business; or

(b) by leaving it at the person's address for service or last known place of residence or business.

(2) Any of the following addresses may be treated as a person's address for service:

(a) the address of the person as shown in any dealing by which the person becomes a registered proprietor or in any caveat lodged by or on behalf of the person;

(b) the address of the person as shown in a valuation roll prepared under the Valuation of Land Act 2001;

(c) the address of the person as shown in an electoral roll kept under the Electoral Act 2004.

(3) Despite the foregoing provisions, the Recorder may direct that a notice be given or served in a specified manner either in addition to, or in substitution for, the giving or service of the notice under those provisions.

(1) A notice or other document (including legal process) may be given to, or served on, the body corporate by giving to or serving the notice or other document on the chairperson, secretary or other member of the committee of management of the body corporate.

(2) A notice or other document (including legal process) that is capable of being served or given by post may be given to, or served on, the body corporate by sending the notice by prepaid post to the address of the body corporate as shown in the registered plan.

(1) A notice or other document that is capable of being served by post may be served on the owner of a lot by sending it by prepaid post to the owner's address as shown in the records maintained by the body corporate or, if there is no such record of the owner's address, to the address of the owner's lot.

(2) If a notice or other document is to be given to the owners of lots generally, it may be given to or served on the body corporate as representative of all the owners and in that case –

(a) the body corporate must take steps to bring the notice or other document to the attention of all the owners; and

(b) the notice or other document is taken to have been given to or served on each owner.

(1) If an authorised person believes on reasonable grounds that an offence against this Act or a breach of the by-laws has been, or is being, committed on any part of the site, the authorised person may at any reasonable time after giving reasonable notice to the occupier, enter the relevant part of the site for the purpose of ascertaining whether the offence or breach has been or is being committed.

(2) If an authorised person thinks fit, the authorised person may, when exercising a power under subsection (1), be accompanied by –

(a) a member of the body corporate's committee of management; or

(b) the administrator, if any, of the scheme; or

(c) any other person the Recorder thinks fit.

(3) A person must not obstruct or hinder the Recorder, or a person accompanying the Recorder, when acting under this section.

Penalty: Fine not exceeding 50 penalty units.

If a public or local authority, or a person authorised by it, has a statutory right to enter on any part of a site, the authority or person is entitled to enter on any other part of the site to the extent necessary or expedient for the exercise of the statutory powers.

(1) The fees prescribed in Schedule 1A are payable under this Act for the matters to which they respectively relate.

(2) If a fee prescribed in Schedule 1A is payable to the Recorder, subsections (2) and (3) of section 169E of the Land Titles Act 1980 have the same application to the payment of that fee as they have to the payment of a prescribed fee under that Act.

No regulation that prescribed a fee for the purposes of this Act before the commencement of the Registration and Related Fees Act 2001 is to be taken as having ever been invalid by reason only of the amount of the fee so prescribed.

(1) The Governor may make regulations for the purposes of this Act.

(2) Regulations made under this Act may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; or

(b) in respect of any such offence, provide for the imposition of a fine not exceeding 50 penalty units.

(3) ........

(4) Regulations made under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(5) A provision referred to in subsection (4) may take effect on a day proclaimed under section 2 or a later day.

The transitional provisions set out in Schedule 2 have effect.

(1) In this section –

amending Act means the Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020.

(2) The amendments to this Act made by the amending Act do not apply, and this Act, as in force immediately before the day on which those amendments commence, applies, in relation to an application received by a council under section 31 before that day.

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Environment and Land Management; and

(b) the Department responsible to the Minister for Environment and Land Management in relation to the administration of this Act is the Department of Environment and Land Management.

162.

See Schedule 3.