› Flat Chat Strata Forum › NCAT – the NSW Tribunal › Noise (error) in decision making › Current Page
Not following why the NCAT decision is not contrary to the Regs.
The Regs set times, the order sets different times.
If these times are not the same then there are times when one says can and one says can’t – that’s contrary.
In effect you are suggesting that even though there is entitlement to operate tools as per the Regulation a by-law can infringe on that entitlement.
To take the implied philosophy a step further am I to believe that regardless of what some State Regulation says strata owners can, with the support of their clique at a general meeting, pass a by-law that undermines or reduces an entitlement found in those Regulations. Seriously; that is what I am reading.
“… it expands on them (the Regulations)…..”
Expansion? Further restricts seems more appropriate words and as we know from the High Court there is a big difference between supplement and complement.
Dixon CJ, Williams, Webb & Fullagar JJ <250> … such a power (to make a by-law) will not support attempts to widen the purpose of the Act, to add new and different means of carrying them out or to depart from or vary the plan which the legislation has adopted to attain its ends …
Shanahan v Scott (1957) 96 CLR 245 High Court of Australia
I would just like to highlight that fat chance anyone living on normal freehold land in the ‘burbs has of getting this type of outcome. If there was a noise complaint about tools then the establishment (the Old Bill), not NCAT, would just point at the Regulation yet in strata am I to believe those with the ‘privilege’ of strata can infringe on rules applicable to the rest of the State via a by-law.
Sorry – No Sale!