New South Wales

Strata Schemes Management Amendment(Sustainability Infrastructure) Act 2021 No 1ContentsPage12
Schedule 1

Name of ActCommencement
Amendment of Strata Schemes Management Act 2015 No 50223

New South Wales

Strata Schemes Management Amendment(Sustainability Infrastructure) Act 2021 No 1Act No 1, 2021

An Act to amend the Strata Schemes Management Act 2015 with respect to the installation ofsustainability infrastructure; and for other purposes. [Assented to 24 February 2021]

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]The Legislature of New South Wales enacts—1

Name of ActThis Act is the Strata Schemes Management Amendment (SustainabilityInfrastructure) Act 2021.
2Commencement

Page 2(1)This Act commences on the date of assent to this Act, except as provided bysubsections (2) and (3).

(2)

Schedule 1[6] commences on whichever of the following occurs first—(a) a day or days to be appointed by proclamation, or(b) the date that is 6 months after the date of assent to this Act.

(3)

Schedule 1[10]–[14] commence on a day or days to be appointed by proclamation.

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50

Schedule 1[1]

Amendment of Strata Schemes Management Act
2015 No 50

Section 4 Definitions

Insert in alphabetical order in section 4(1)—sustainability infrastructure and sustainability infrastructure resolution—
see section 132B.
[2]

Section 5 Resolutions of owners corporations

Omit section 5(1)(b). Insert instead—(b) of the value of votes cast—(i) not more than 25% are against the resolution, or(ii) if the resolution is a sustainability infrastructure resolution—lessthan 50% are against the resolution.
[3]

Section 108 Changes to common property

Insert after section 108(2)—Note. If the special resolution is a sustainability infrastructure resolution fewer votes
may be needed to pass it. See section 5(1)(b).

[4]Part 6, Division 7, heading

Omit the heading. Insert instead—

Division 7[5]

MiscellaneousSection 132B

Insert after section 132A—
132B

Page 3Financing and installation of sustainability infrastructure(1)

Before approving a sustainability infrastructure resolution, the owners
corporation must consider the following—(a) the cost of the sustainability infrastructure and works including any
expected running and maintenance costs,(b) who will own, install and maintain the sustainability infrastructure,(c) the extent to which the use of the sustainability infrastructure will beavailable to all or some of the lots in the strata scheme,(d) any matter prescribed by the regulations.

(2)

In this Act—sustainability infrastructure means changes to part of the common property(which includes the installation, removal, modification or replacement ofanything on or forming part of that property) for any one or more of thefollowing purposes—(a) to reduce the consumption of energy or water or to increase theefficiency of its consumption,(b) to reduce or prevent pollution,(c) to reduce the amount of waste sent to landfill,(d) to increase the recovery or recycling of materials,(e) to reduce greenhouse gas emissions,

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50(f)

to facilitate the use of sustainable forms of transport,
Note. For example, installing electric vehicle charging stations.

(g) a purpose prescribed by the regulations.
sustainability infrastructure resolution means a resolution to do any one ormore of the following that is specified to be a sustainability infrastructure
resolution—(a) to finance sustainability infrastructure,(b) to add to the common property, alter the common property or erect a
new structure on common property for the purpose of installing
sustainability infrastructure,(c) to change the by-laws of the strata scheme for the purposes of theinstallation or use (or both) of sustainability infrastructure.
[6]

Section 137B

Insert after section 137A—137BKeeping of animals(1)

Each of the following has no force or effect to the extent that it would
unreasonably prohibit the keeping of an animal on a lot—(a) a by-law,(b) a decision by an owners corporation under a by-law.

(2)

It is taken to be reasonable to keep an animal on a lot unless the keeping of theanimal unreasonably interferes with another occupant’s use and enjoyment of
the occupant’s lot or the common property.

(3)

The regulations may specify circumstances in which the keeping of an animal
unreasonably interferes with another occupant’s use and enjoyment of theoccupant’s lot or the common property.

(4)

A by-law that prohibits the keeping of an animal on a lot is not harsh,
unconscionable or oppressive if it does not unreasonably prohibit the keepingof an animal on a lot.
Note. Section 150(1) provides that the Tribunal may declare a by-law to be invalid if itis harsh, unconscionable or oppressive.

[7]

(5)

An owners corporation is taken to have given permission for the keeping of ananimal on a lot if—(a) it made a decision about the keeping of the animal in contravention ofsubsection (1)(b), or(b) a decision of the owners corporation is required before the animal may
be kept on the lot and the owners corporation failed to make a decision
within a reasonable time.

(6)

If a report has been tabled in Parliament under section 276A, the Minister must
not recommend the making of a regulation under this section unless theMinister has considered the report.

(7)

Subsection (6) is repealed 5 years after the commencement of this section.

Section 141 Procedure for changes to by-laws

Insert after section 141(1)—Note. If the special resolution is a sustainability infrastructure resolution fewer votes
may be needed to pass it. See section 5(1)(b).

Page 4

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50[8]

Section 182 Requests for inspection of records of owners corporation

Insert after section 182(4)—(5)

Voting in secret ballots must not be disclosed

Despite any other provision of this section, the owners corporation must not
make available for inspection any record that would disclose how an ownervoted in a secret ballot unless the owners corporation is directed to do so by
the Tribunal or a court.
[9]

Section 186 Provision of strata scheme information to tenants

Insert after section 186(1)—
(1A)

[10]

The lessor or sub-lessor is not required to give the by-laws to a tenant undersubsection (1) if the tenant has been given the by-laws under section 26(2A)of the Residential Tenancies Act 2010.

Section 228 Notice of applications to Tribunal

Omit “any other person who in the registrar’s opinion would be affected” from section
228(1).
Insert instead “the owners corporation”.
[11]

Section 228(2)(b)Insert “, and” after “submissions”.
[12]

Section 228(2)(c)Insert after section 228(2)(b)—(c) immediately serve a copy of the application on each owner of a lot in
the strata scheme except an owner who is a named party to theapplication.
[13]

Section 247A

Insert after section 247—
247A

Page 5

Civil penalties for contravention of orders(1)

The Tribunal may, by order, require a person to pay a pecuniary penalty of anamount of up to 50 penalty units for contravention of an order under this Act(the original order).

(2)

An application for the order may be made—(a) by the applicant for the original order, or(b) by the owners corporation, owner or other person having or acquiring
an estate or interest in a lot in the strata scheme to which the orderrelates, or(c) in the case of an order that gives effect to any agreement or arrangement
arising out of a mediation session, by either party to the mediation.

(3)

A person is not liable to be punished twice if the person’s act or omission
constitutes both a contravention for the purposes of this section and—(a) a contravention for the purposes of a civil penalty provision of the Civiland Administrative Tribunal Act 2013, or(b) a contempt of the Tribunal.

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50[14]

Section 248 Recovery of unpaid civil penalty

Omit the first note. Insert instead—
Note. Section 72(3) of the Civil and Administrative Tribunal Act 2013 and section 247Aof this Act provide for a civil penalty for a contravention of an order of the Tribunal.

[15]

Section 276A

Insert after section 276—
276A

Review of keeping of animals(1)

The Minister is to review this Act as it relates to the keeping of animals on lots
in strata schemes, including by addressing the following matters—(a) the circumstances in which it is reasonable to prohibit the keeping ofanimals,(b) the impacts of kept animals on the health and wellbeing of residents,(c) the barriers faced by residents in the keeping of animals and by persons
who require assistance animals, including vulnerable persons,
Example. Persons fleeing domestic violence.

(d)
(e)
(f)
(g)

[16]

the welfare of kept animals,
how to limit any adverse impacts of kept animals on common property,
including the adequacy of existing laws to deal with this,to resolve disputes about the keeping of animals,
the effects of a change to the by-laws for a scheme that prohibits thekeeping of an animal that was lawfully kept on a lot before the change.

(2)

The review is to be undertaken as soon as possible after the commencement of
this section.

(3)

A report on the outcome of the review is to be tabled in each House ofParliament within 6 months after the commencement of this section.

Schedule 1 Meeting procedures of owners corporation

Insert after clause 26(7)—(8)

Despite subclause (7), a person who owns more than 1 lot in a strata scheme
may appoint a single proxy in respect of all the lots.

(9)

Adjourned meetings

An instrument appointing a proxy for a meeting is not rendered invalid merely
because the meeting is adjourned to a later date.
[17]

Schedule 3 Savings, transitional and other provisions

Insert at the end of the Schedule, with appropriate Part and clause numbering—

PartProvisions consequent on enactment of Strata
Schemes Management Amendment (SustainabilityInfrastructure) Act 2021
Owners corporation is party to application

Section 226(1A) applies only to an application made after the commencementof that subsection.

Page 6

Strata Schemes Management Amendment (Sustainability Infrastructure) Act 2021 No 1 [NSW]Schedule 1 Amendment of Strata Schemes Management Act 2015 No 50

Notice of application to TribunalThe amendments made to section 228 by the Strata Schemes ManagementAmendment (Sustainability Infrastructure) Act 2021 do not apply in relation toan application made before those amendments and that section, as in force
immediately before those amendments, continues to apply to thoseapplications.
Civil penalties for contravention of orders

Section 247A extends to an order made before the commencement of that
section but only if the contravention of the order occurs after thatcommencement.

[Second reading speech made in—Legislative Assembly on 17 June 2020
Legislative Council on 25 August 2020]

Page 7