Schedule 2 Transitional provisions

Current version for 5 November 2021 to date. Based on material from the Tasmanian Legislation website at 24 September 2026. For the latest information on Tasmanian Government legislation please go to www.legislation.tas.gov.au.

© State of Tasmania. Licence. Amendment history notes removed; content restructured into parts, divisions and sections; internal cross-references re-linked. Text otherwise verbatim. Authoritative version: www.legislation.tas.gov.au.

Section 160

1Plans registered under repealed legislation#

(1) A plan registered under the repealed legislation is taken to be a plan registered under this Act.

(2) An amendment to a registered plan registered under the repealed legislation, or a notification of change of by-laws under the repealed legislation, is taken to be an amendment to the plan registered under this Act.

2Proceedings for registration of plans#

Proceedings for registration of a plan, or an amendment to a plan, that had been commenced before the commencement of this Act may be continued and completed –

(a) under the repealed legislation; or

(b) under this Act; or

(c) if the Recorder so determines, to an extent determined by the Recorder under the repealed legislation and to an extent determined by the Recorder under this Act.

3Strata companies#

A strata company created on registration of a stratum plan under the repealed legislation continues in existence as a body corporate under this Act without change to its corporate identity.

4Reservation of names#

A name reserved under the repealed legislation is taken to be a name reserved under the corresponding provision of this Act.

5Conversion of existing strata schemes into staged development schemes#

(1) A body corporate for a strata scheme created on registration of a stratum plan under the repealed legislation (or a developer authorised by the body corporate to make the application) may, within 3 years after the commencement of this Act, apply for the conversion of the strata scheme into a staged development scheme or the incorporation of the strata scheme into a staged development scheme as a part of that scheme.

(2) An application under this section must be accompanied by –

(a) a copy of the resolution authorising the application certified under the body corporate's common seal; and

(b) the documents that would be required for a new staged development scheme; and

(d) the prescribed fee.

(3) The Recorder may, on an application under this clause, register the conversion or incorporation of the strata scheme into a staged development scheme and, on registration, the conversion or incorporation takes effect.

6Conversion of existing scheme for dividing building into strata scheme#

(1) If –

(a) a building is divided in title; and

(b) a company exists for purposes similar to those of a body corporate for a strata scheme; and

(c) a strata plan is registered in relation to the whole of the land comprised in the certificates of title relating to the building –

(2) If –

(a) a company is the owner of land; and

(b) the shareholders of the company are entitled to the occupation of separate parts of the land by reason of long-term leases or rights attaching to their shares in the company; and

(c) a strata plan in relation to the land is registered with the consent of the company, the shareholders and all other persons with registered interests in the land (or the leases) –

SCHEDULE 3 - Consequential Amendments

(a) Conveyancing and Law of Property Act 1884;

(b) Local Government (Building and Miscellaneous Provisions) Act 1993.

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