This article is about sustainability infrastructure in NSW.
Cloud Garden at Marina Bay Gardens in Singapore built with emphasis on sustainability
On 16 February 2021 the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021 was passed. It received assent and became the Strata Schemes Amendment (Sustainability Infrastructure) Act 2021 on 24 February 2021 which was also when provisions around sustainability infrastructure commenced. These provisions have now been inserted into the Strata Schemes Management Act 2015.
But what is sustainability infrastructure? A breakdown is that it is any item that can be installed to reduce or improve energy or water consumption, reduce or prevent pollution, reduce the amount of waste sent to landfill, increase the recycling of materials or ability to recover recycled materials, reduce greenhouse gas emissions or to assist in the use of sustainable forms of transport. The definition of sustainability infrastructure is provided at s132B(2).
Sustainability infrastructure is therefore a broad category. It includes installation of solar panels or batteries, LED lighting, water conserving taps, charging stations for electric cars, increased or new bike storage areas, new bins, specialised glass to reduce heating / cooling costs, bin areas or signage to increase recycling or even creating the humble compost bin.
The new provisions make it much easier to obtain the required approval of the owners corporation to add to or amend the common property to install sustainability infrastructure. Although a special resolution at a general meeting is still required, when a sustainability infrastructure motion is voted upon it will be passed if less than 50% of votes are against the motion. To put it another way if 51% of votes are in favour of a sustainability infrastructure resolution, it will be passed as a special resolution. This significantly reduces the voting threshold as for all other special resolutions if 25% of votes are against the motion the motion fails to pass.
Hopefully, these changes will increase the update of environmentally helpful infrastructure and will make our strata schemes that much greener. They certainly have the power to reduce costs over time if energy efficient infrastructure is installed. Time will tell.
Allison Benson
Kerin Benson Lawyers
E: [email protected]
P: 02 4032 7990
This is general information and should not be considered to be legal advice. I recommend you obtain legal advice specific to your individual situation.
This post appears in Strata News #488.
Have a question about sustainability infrastructure or something to add to the article? Leave a comment below.
Read next:
- NSW: Sustainability Infrastructure Survey
- NSW: Food Scraps Recycling Trial Extended
- NSW: NCAT Dishes Out Punishment
This article has been republished with permission from the author and first appeared on the Thoughts from a Strata Lawyer website.
Visit our Apartment Living Sustainability OR NSW Strata Legislation pages.
Looking for strata information concerning your state? For state-specific strata information, take a look here.
Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
The NSW Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2021, was a great improvement.
BUT, it may have been better if it stated, like in Qld, that aesthetics were not grounds to which a Solar PV array installation (noted as Sustainable Infrastructure) could be grounds for rejection of an installation in a Strata Plan.
In our Owners Corporation we face this, as it is an argument of the fact solar is an accepted visual in our communities, but where opinion is that there will be “visual impact” where this subjective opinion is likely to prevent permission for any solar installations.