NSWIn ForceAct
Strata Schemes Development Act 2015
63Restriction on use of utility lot
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#### 63 Restriction on use of utility lot
63 Restriction on use of utility lot
> > (1) If the registration of a plan for which a strata certificate is sought from a local council would result in the creation of a utility lot, the council may impose a condition (a restrictive use condition) on the strata certificate restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot) in the strata scheme to which the plan relates.
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> > (2) If—
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> > > (a) the registration of a plan for which a strata certificate is sought from a registered certifier would result in the creation of a utility lot, and
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> > > (b) the relevant planning approval contains a condition (also a restrictive use condition) restricting the use of the utility lot to use by an owner or occupier of a lot or proposed lot (other than a utility lot),
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> > the certifier must note the restriction on the strata certificate.
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> > (3) A restriction on use imposed or noted under subsection (1) or (2) must—
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> > > (a) designate each utility lot burdened by the restriction, and
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> > > (b) describe the restriction by reference to this section.
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> > (4) Section 88 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) does not apply to a restriction referred to in subsection (1) or (2).
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> **s 63:** Am 2018 No 63, Sch 3.13\[4\].