Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:08)
Part 8 Division 3
Division 3 Keeping of animals on lots
156   Order for removal of an animal not permitted under by-laws
(1)  The Tribunal may, on application by an interested person, order a person to cause an animal to be removed from a parcel within a specified time, and to be kept away from the parcel, if the Tribunal considers that the person is keeping an animal on the parcel in contravention of the by-laws.
(2)  An order under this section ceases to have effect if the keeping of the animal is subsequently authorised in accordance with the by-laws.
157   Order permitting keeping of animal
(1)  The Tribunal may, on application by the owner or occupier (with the consent of the owner) of a lot in a strata scheme, make an order declaring that the applicant may keep an animal on the lot or common property.
(2)  The Tribunal must not make the order unless it is satisfied that—
(a)  the by-laws permit the keeping of an animal with the approval of the owners corporation and provide that the owners corporation cannot unreasonably withhold consent to the keeping of an animal, and
(b)  the owners corporation has unreasonably withheld its approval to the keeping of the animal on the lot or common property.
158   Order for removal of an animal permitted under by-laws
(1)  The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
(2)  The Tribunal may order that the person—
(a)  cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
(b)  within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.
159   Effect of orders
An order under this Division binds the following persons, despite any by-law of the strata scheme—
(a)  each owner and occupier of a lot in the strata scheme and the owners corporation for the strata scheme,
(b)  each person who is bound by the strata management statement for the building and its site,
(c)  in the case of a leasehold strata scheme, the lessor of the scheme.