Australian Capital Territory
Unit Titles Act 2001    
A2001-16
Republication No 24
Effective:  29 May 2012 – 21 May 2013
Republication date: 29 May 2012
Last amendment made by A2012‑23

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Unit Titles Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 29 May 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 May 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Unit Titles Act 2001

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
Part 2	Key concepts
Division 2.1	Unit title developments
	5	Parcels	3
	6	Unit title application	3
	7	Units plan	3
	8	Unit entitlement	4
	9	Units	4
	10	Class A units	4
	11	Class B units	4
	12	Unit subsidiaries	5
	12A	Meaning of annexed	5
	13	Common property	5
Division 2.2	Boundaries
	14	Common boundaries—internal	6
	15	Common boundaries—external	6
	16	Minor boundary changes	6
Part 3	Unit title applications
Division 3.1	Approval of unit title applications
	17	Unit title applications—general requirements	8
	18	Unit title applications—class A units and class B units	9
	19	Unit title applications—unit subsidiaries	10
	20	Unit title applications—approval	10
	21	Unit title applications—reasonable rent	13
	22	Unit title applications—amendment of development statement by authority	14
Division 3.1A	Unit title assessment reports for unit title applications
	22A	Meaning of unit title assessor	14
	22B	Unit title assessment reports	15
	22C	Unit title assessment report applications—unit title assessor may require further information	16
	22D	Unit title assessment report applications—contents of request for further information	18
	22E	Unit title assessment report applications—effect of failure to provide further information	19
	22F	Unit title applications—authority may require further information	19
	22G	Unit title applications—contents of request for further information	20
Division 3.2	Endorsement of units plan for registration
	23	Notice of approval of unit title applications	20
	24	Security for staged developments and unfinished work	21
	25	Territory rent for common property lease	22
	26	Territory rent for unit leases—unit title proposals approved before 1 October 1975	22
	27	Endorsement of units plan for registration	23
	28	Lapse of endorsement after 3 months	24
Division 3.3	Amendment of development statements
	29	Amendment of development statements before registration	24
	30	Amendment of development statements after registration	27
	31	Effect of registration of amendment	30
Part 4	Registration of units plans
Division 4.1	Subdivision, unit leases and common property lease
	32	Subdivision of parcel made by registration	31
	33	Leases of units and common property	31
Division 4.2	Easements
	34	Unit title easement rights	32
	35	Easements given by this Act	33
	36	Easements declared by owners corporations	34
	37	Registration—easements declared by owners corporations	34
Division 4.3	Encroachments on public places
	37A	Effect of registration of units plan with encroachment on public place	35
Part 10	Amendment of units plans
Division 10.1	Amendment of schedule of unit entitlement
	146	Unit entitlement authority—grant	36
	147	Unit entitlement authorities—period of effect	37
	148	Unit entitlement authorities—registration	37
Division 10.2	Minor boundary changes
	149	Boundary authority—grant	37
	150	Boundary authority—period of effect	39
	151	Boundary authorities—registration	39
Division 10.3	Building damage schemes
	152	What is a building damage scheme?	39
	153	Building damage orders—right of appearance	40
	154	Provisional building damage order—application	41
	155	Provisional building damage order—approval of scheme	42
	156	Provisional building damage order—period of effect	43
	157	Final building damage order—amendment of units plan	43
	158	Final building damage order—period of effect	44
	159	Final building damage order—registration	44
Part 11	Cancellation of units plans
Division 11.1	Cancellation authority
	160	Cancellation authority—grant by planning and land authority	45
	161	Cancellation authority—period of effect	46
Division 11.2	Cancellation orders
	161A	Cancellation orders—Supreme Court powers	47
	161B	Cancellation orders—provisional orders	48
	161C	Cancellation orders—after provisional order is made	48
	161D	Cancellation orders—right of appearance	49
Division 11.3	Effects of cancellation
	162	Cancellation of units plan—effects	49
	163	Cancellation of units plan—new lease over parcel	50
	164	Dissolution of owners corporation	51
	165	Dissolution of owners corporation—Supreme Court powers	52
Part 11A	Changing 2-unit units plans to subdivisions
	165A	Application—pt 11A	54
	165B	Subdivision of units plan—application	54
Part 12	Variation or surrender of leases
Division 12.1	Variation of leases
	166	Development applications to vary lease under Planning and Development Act	55
	167	Lease variation—amendment of schedule of unit entitlement	55
Division 12.2	Surrender of leases in units
	167A	Surrender of leases in units	56
Part 13	Expiry and termination of unit leases
	168	Effects of lease expiry	58
	169	Dissolution of owners corporation on lease expiry—Supreme Court powers	59
	170	Effect of termination of unit lease	60
	171	New unit lease	61
	172	New unit lease—schedule of unit entitlement	62
Part 14	Notification and review of decisions
	173	Definitions—pt 14	63
	173A	Internal review notices	63
	174	Objections	64
	174A	Internal reviewer	65
	175	Review by internal reviewer	65
	176	Reviewable decision notices	65
	177	Effect of decision to allow objection	66
	177A	Applications for review	66
Part 15	Miscellaneous
	179	Determination of fees	67
	180	Approved forms	67
	181	Regulation-making power	67
Part 20	Transitional—Unit Titles Amendment Act 2008 (No 2)
	250	Definitions—pt 20	68
	251	Transitional—unit title application for 2-unit units plan	68
	252	Transitional regulations	68
	253	Transitional effect—Legislation Act, s 88	69
	254	Expiry—pt 20	69
Part 25	Transitional—Construction Occupations Legislation Amendment Act 2010
	300	Meaning of commencement day—pt 25	70
	301	Transitional—unit title applications lodged before commencement day	70
	302	Transitional regulations—pt 25	70
	303	Expiry—pt 25	71
Schedule 1	Reviewable decisions	72
Dictionary		76
Endnotes
	1	About the endnotes	85
	2	Abbreviation key	85
	3	Legislation history	86
	4	Amendment history	90
	5	Earlier republications	113

Australian Capital Territory
Unit Titles Act 2001

An Act to provide for the subdivision of land by units plans, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Unit Titles Act 2001.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘owners corporation—see the Unit Titles (Management) Act 2011, dictionary.’ means that the term ‘owners corporation’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Key concepts
Division 2.1	Unit title developments
5	Parcels
A parcel is land—
	(a)	proposed (in a unit title application) to be subdivided under this Act; or
	(b)	comprising the whole of the land subdivided under this Act (as shown in a registered units plan).
6	Unit title application
A unit title application is an application under section 17 for the subdivision of land under this Act.
7	Units plan
	(1)	After a unit title application has been approved, there is a units plan consisting of the following documents mentioned in section 27 (Endorsement of units plan for registration):
	(a)	diagrams showing the subdivision;
	(b)	if the application provides for a staged development—the development statement;
	(c)	the schedule of unit entitlement;
	(d)	schedules of rent and lease provisions.
	(2)	After those documents have been registered, the units plan consists of the registered documents as amended from time to time under this Act.
8	Unit entitlement
	(1)	The schedule of unit entitlement forming part of a units plan is a schedule indicating (by numbers assigned to each unit) the improved value of each unit relative to each other unit (the unit’s unit entitlement).
	(2)	For this Act, the total unit entitlement under a schedule of unit entitlement must be 10, 100, 1 000, 10 000 or 100 000.
9	Units
	(1)	A unit is a part of a parcel shown in a unit title application or a units plan as a unit.
	(2)	After a units plan is registered, a unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
10	Class A units
	(1)	A class A unit is a unit that is identified as a class A unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
	(2)	After a units plan is registered, a class A unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
Note	A unit title application must show a class A unit as part of a building bounded by reference to floors, walls and ceilings (see s 18).
11	Class B units
	(1)	A class B unit is a unit that is identified as a class B unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
	(2)	After a units plan is registered, a class B unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
Note	A unit title application must show a class B unit as land unlimited in height, except to the extent of any encroachment, whether at, above or below ground level, by another part of the parcel (see s 18).
12	Unit subsidiaries
A unit subsidiary is a part of a parcel identified as a unit subsidiary annexed to a unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
Note	A unit title application must show a unit subsidiary as a building (or part of a building) of a kind prescribed by regulation, or as a building (or part of a building) or land suitable for a purpose prescribed by regulation  (see s 19 and Unit Titles Regulation 2001, s 3).
12A	Meaning of annexed
A unit subsidiary or an easement that is stated by this Act to be annexed to a unit, common property or an estate in leasehold is taken to be appurtenant to the unit, common property or estate.
Note	Property in a unit subsidiary or easement that is, at law, ‘appurtenant’ to a unit, common property or a leasehold estate is transferred with that estate when the unit, common property or lease is transferred.
13	Common property
Common property is all the parts of a parcel identified as common property—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
Note	A unit title application must show as common property all parts of the parcel that are not shown as units or unit subsidiaries (see s 17 (3) (d)).
Division 2.2	Boundaries
14	Common boundaries—internal
If a floor, wall or ceiling separates a class A unit or a unit subsidiary from common property or another unit or unit subsidiary, the common boundary lies along the centre of the floor, wall or ceiling, unless otherwise specified in the relevant unit title application or units plan.
15	Common boundaries—external
If a class A unit or a unit subsidiary is bounded by an external wall of the building containing the units, then, unless otherwise indicated in the relevant unit title application or units plan—
	(a)	the boundary of the unit or unit subsidiary lies along the centre of the wall; and
	(b)	the part of the wall outside the boundary is common property.
16	Minor boundary changes
A minor boundary change is a change to the boundaries between units, or between units and the common property, to which all of the following criteria apply:
	(a)	the change would not involve any change of the boundaries of the parcel;
	(b)	the change would not substantially change the units plan, or the proposed units plan;
	(c)	the change would not result in any inconsistency arising with the provisions of the lease under which any of the units, or the common property, is held;
	(d)	approval under this Act or any other relevant territory law for the subdivision and development of the parcel would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the boundaries as they are proposed to be changed.

Part 3	Unit title applications
Division 3.1	Approval of unit title applications
17	Unit title applications—general requirements
	(1)	This section applies to a parcel if the remaining term of the parcel’s lease is at least 50 years.
	(2)	The lessee of the parcel may apply to the planning and land authority for approval of the subdivision of the parcel under this Act.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(3)	The application must provide for the subdivision of the parcel into—
	(a)	no fewer than—
	(i)	if 1 unit is wholly or partly superimposed on another unit—2 units; or
	(ii)	in any other case—3 units; and
	(b)	class A units or class B units, but not both; and
	(c)	unit subsidiaries (if any are provided for in the application); and
	(d)	common property (for the remaining parts of the parcel).
Note	The requirements for what may be shown as class A units, class B units and unit subsidiaries are set out in s 18 and s 19.
	(4)	The application may provide for the development of all or some of the units and unit subsidiaries (their staged development) after the approval of the application.
Note	An application for a staged development may be approved only if—
	(a)	the development has development approval under the Planning and Development Act 2007 (see s 20 (3) and Planning and Development Act 2007, ch 7); and
	(b)	for developments of class A units, the boundary floors, walls and ceilings of each unit have already been built in accordance with the development statement (see s 20 (3)).
	(5)	The application must include—
	(a)	if the parcel is prescribed by regulation—a unit title assessment report that is not more than 3 months old; and
	(b)	a plan prepared by a registered surveyor showing anything prescribed by regulation.
Note	Unit title assessment report—see s 22B.
	(6)	If the application provides for a staged development, it must include—
	(a)	a development statement prepared in accordance with the regulations; and
	(b)	on the completion of each stage of the development, the documents mentioned in subsection (5).
	(7)	In this section:
stage, of a development, means a stage identified in the development statement.
18	Unit title applications—class A units and class B units
	(1)	A unit title application must show any class A unit as part of a building, with boundaries defined by reference to the floors, walls and ceilings of the building as shown in the application.
	(2)	A unit title application must show any class B unit as land that has boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
19	Unit title applications—unit subsidiaries
	(1)	A unit title application must show any unit subsidiary as—
	(a)	a building, or part of a building, of a kind prescribed by regulation; or
	(b)	a building, part of a building, or land, that is suitable for a purpose prescribed by regulation.
Note	See the Unit Titles Regulation 2001, s 3 for the permissible kinds of unit subsidiaries and purposes.
	(2)	The application must show any unit subsidiary consisting of a building or part of a building with boundaries defined by reference to the floors, walls and ceilings of the building.
	(3)	The application must show any unit subsidiary consisting of land as having boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
	(4)	The application must show unit subsidiaries as annexed to a particular unit, but need not show unit subsidiaries as adjoining the unit.
20	Unit title applications—approval
	(1)	The planning and land authority may approve a unit title application if satisfied on reasonable grounds that—
	(a)	the application is in accordance with this Act; and
	(b)	each unit is (or will be) suitable for separate occupation, and for a use that is not inconsistent with the lease of the parcel; and
	(c)	the proposed schedule of unit entitlement is reasonable, having regard to the prospective relative improved values of the units; and
	(d)	if the application shows an encroachment on a public place by an attachment to a building—
	(i)	if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or
Note	Authorised existing attachment—see s (10).
	(ii)	in any other case—
	(A)	the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and 
	(B)	it is not in the public interest to refuse to approve the application because of the encroachment.
	(2)	If a unit title application provides for staged development, the planning and land authority may approve a stage of the development (a development stage) as if the stage were a unit title application.
	(3)	The planning and land authority may approve a development stage only if satisfied that—
	(a)	the development has development approval under the Planning and Development Act 2007, chapter 7; and
	(b)	for a staged development of class A units—the boundary floors, walls and ceilings of each unit in the development stage have been built in accordance with the development statement.
	(4)	Also, if a unit title application relates to a lease located within a  prescribed zone, the planning and land authority may approve the application only if the lease states the number of units (however described) permitted on the land and the application is for not more than the permitted number of units.
	(5)	The planning and land authority may refuse to approve the application if the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning and Development Act 2007 that applies because the lessee is the lessee of the parcel.
	(6)	The planning and land authority may refuse to approve the application if the proposed subdivision would be inconsistent with the requirements of the heritage register.
	(7)	The planning and land authority may refuse to approve the application if—
	(a)	the applicant is required to provide the authority with a unit title assessment report under section 17 and—
	(i)	has not provided a unit title assessment report; or
	(ii)	has provided a unit title assessment report that is more than 3 months old; or
	(b)	the authority has asked for further information under section 22F and the applicant has not provided some or all of the information by—
	(i)	the end of the period stated in the request; or
	(ii)	if the authority has extended the period within which the further information must be provided—the end of that period.
	(8)	If a parcel is leased for rural purposes, the planning and land authority may approve the application only if—
	(a)	criteria have been determined by the authority for the approval of rural unit title applications; and
	(b)	the application is in accordance with the criteria.
	(9)	A determination under subsection (8) (a) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(10)	In this section:
authorised existing attachment, in relation to a unit title application, means—
	(a)	if the application includes the cancellation of a units plan (the old plan) that was registered before 1 January 2002—the old plan shows the attachment; or
	(b)	in any other case—the attachment was lawful when it was constructed.
prescribed zone means a zone identified in the territory plan that is prescribed by regulation. 
stage, of a staged development, means a stage identified in the development statement.
21	Unit title applications—reasonable rent
	(1)	If the planning and land authority considers that the rent proposed in a unit title application to be reserved for the lease of 1 or more units is not reasonable in the circumstances, the authority must determine what rent is reasonable for the relevant unit or units.
	(2)	The total rent for all units, worked out in accordance with the planning and land authority’s determination, must not exceed the rent payable under the lease of the parcel when the determination is made.
	(3)	If the total rent for all units, worked out in accordance with the planning and land authority’s determination, equals the rent payable under the lease of the parcel when the determination is made, a decision (under part 14 (Notification and review of decisions)) on an objection or review of the authority’s determination must not change the total amount.
22	Unit title applications—amendment of development statement by authority
If a unit title application provides for a staged development, the planning and land authority may, before approving the application under section 20, amend the development statement if the authority considers it reasonable to do so to minimise the adverse effect of the development on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 3.1A	Unit title assessment reports for unit title applications
22A	Meaning of unit title assessor
In this Act:
unit title assessor means—
	(a)	a works assessor licensed under the Construction Occupations (Licensing) Act 2004; or
Note	Works assessor—see the Construction Occupations (Licensing) Act 2004, s 14A.
	(b)	a building surveyor licensed under the Construction Occupations (Licensing) Act 2004 when providing a works assessment service.
Note	Building surveyor—see the Construction Occupations (Licensing) Act 2004, s 9.
22B	Unit title assessment reports
	(1)	An applicant under section 17 (the applicant) may apply, in writing, to a unit title assessor for a report (a unit title assessment report).
	(2)	The application must include any details or material prescribed by regulation.
Examples
1	proposed unit title plans
2	information about a development approval
Note 1	If a form is approved under s 180 for this provision, the form must be used.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If a unit title assessor receives an application under subsection (1) and the unit title assessor agrees to undertake the work, the unit title assessor must—
	(a)	prepare a unit title assessment report and give it to the applicant; and
Note 1	The report must be prepared and given to the applicant as soon as possible (see Legislation Act, s 151B).
Note 2	The unit title assessor may refuse to prepare and provide a report if the unit title assessor does not have enough information (see s 22E).
	(b)	not later than 5 working days after the day the assessor gives the report to the applicant—give a copy of the report to the planning and land authority.
	(4)	If, after taking reasonable steps, an applicant cannot find a unit title assessor who will agree to prepare a unit title assessment report, the applicant may apply to the construction occupations registrar to appoint a unit title assessor to prepare a unit title assessment report and give it to the applicant.
	(5)	A regulation may prescribe the requirements for a unit title assessment report, including—
	(a)	what the report must contain; or
	(b)	anything that must accompany the report.
22C	Unit title assessment report applications—unit title assessor may require further information
	(1)	This section applies if—
	(a)	a unit title assessor requires further information to prepare a unit title assessment report under section 22B; and
	(b)	the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information; and
	(c)	the unit title assessor believes on reasonable grounds that the further information will help the unit title assessor to prepare the report.
	(2)	The unit title assessor may, by written notice, ask the applicant to give the unit title assessor stated further information in relation to the application.
	(3)	This section does not entitle a unit title assessor to require—
	(a)	photographs to be taken by someone other than the owner of the parcel of land; or
	(b)	photographs to be taken using equipment other than equipment of the owner’s choice; or
	(c)	further information if—
	(i)	the unit title assessor has, or has reasonable access to, suitable information that allows the unit title assessor to decide the application without personally inspecting the land where the building work is to be carried out; or
	(ii)	a territory law requires the unit title assessor to personally obtain or be given the information.
Examples—suitable information unit title assessor has or has reasonable access to
1	The website www.actmapi.act.gov.au provides aerial photographs and topographical information including ground contours for some ACT areas.  If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground‑height related matters, the unit title assessor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.
2	A unit title assessor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters.  The unit title assessor may not require further information in relation to those matters.
3	The land to which an application relates is covered by www.actmapi.act.gov.au but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the unit title assessor does not have suitable information to allow the unit title assessor to decide the application without personally inspecting the land.  Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the unit title assessor in relation to ground heights to decide the application.  The unit title assessor may require further information in relation to ground heights.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	For this section, a unit title assessor that is a partnership inspects land personally if any partner inspects the land.
22D	Unit title assessment report applications—contents of request for further information
	(1)	A request under section 22C must—
	(a)	state the period within which the further information asked for must be provided; and
	(b)	if the further information is not a document—state that the further information must be provided in writing; and
	(c)	state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the unit title assessor may refuse to provide a unit title assessment report under section 22E; and
	(d)	state that, despite the applicant and unit title assessor having previously not agreed that the unit title assessor would obtain the further information, the applicant and unit title assessor may agree that the unit title assessor will obtain the information.
	(2)	The request may require the applicant to confirm all or part of any information provided by statutory declaration.
	(3)	The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
	(4)	The unit title assessor may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
22E	Unit title assessment report applications—effect of failure to provide further information
	(1)	This section applies if—
	(a)	a unit title assessor has asked for further information under section 22C in relation to an application; and
	(b)	the applicant has not provided some or all of the information by—
	(i)	the end of the period stated in the request; or
	(ii)	if the unit title assessor has extended the period within which the further information must be provided—the end of that period; and
	(c)	the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information.
	(2)	The unit title assessor may refuse to prepare and provide a unit title assessment report under section 22B.
22F	Unit title applications—authority may require further information
	(1)	This section applies if—
	(a)	an applicant has provided a unit title assessment report under section 17; and
	(b)	further information is needed for the planning and land authority to be able to decide the application under section 20; and
	(c)	the authority believes on reasonable grounds that the further information will help the authority to decide the application
	(2)	The authority may, by written notice, ask the applicant to give the authority stated further information in relation to the application.
22G	Unit title applications—contents of request for further information
	(1)	A request under section 22F must—
	(a)	state the period within which the further information asked for must be provided; and
	(b)	if the further information is not a document—state that the further information must be provided in writing; and
	(c)	state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the authority may refuse to approve the unit title application under section 20 (7).
	(2)	The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
	(3)	The authority may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
Division 3.2	Endorsement of units plan for registration
23	Notice of approval of unit title applications  
	(1)	If the planning and land authority approves a unit title application for a parcel, the authority must give the lessee of the parcel—
	(a)	written notice of approval including—
	(i)	if the application provides for a staged development—a copy of the development statement, signed by the authority, as amended (if at all) under section 22; and
	(ii)	particulars of any security required under section 24; and
	(b)	a schedule setting out the rent to be reserved under the lease of each unit and the provisions subject to which the lease of the unit is to be held; and
	(c)	a schedule setting out the provisions subject to which the lease of the common property is to be held.
	(2)	The rent reserved under the lease of a unit as indicated in the schedule mentioned in subsection (1) (b) is the rent for that unit (including any unit subsidiary annexed to the unit) indicated in the application or as decided by the planning and land authority under section 21 (Unit title applications—reasonable rent).
24	Security for staged developments and unfinished work  
	(1)	This section applies to—
	(a)	a staged development; or
	(b)	any works (including, for example, landscaping, roadworks and work on driveways) required to give effect to a development provided for in an approved unit title application that (in the planning and land authority’s opinion) will not be complete when the units plan is endorsed under section 27.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If this section applies, the planning and land authority may, by written notice to the lessee of the parcel, require the lessee to give a bond to the Territory providing security for—
	(a)	if it is a staged development—the completion of the development in accordance with the development statement; or
	(b)	in any other case—the completion of the works, as provided for in the unit title application, within the time stated in the notice.
Note	If a form is approved under s 180 for a bond, the form must be used.
	(3)	The required security must not exceed—
	(a)	for a staged development—10% of the total cost of the work required to be carried out to complete the staged development; or
	(b)	in any other case—the amount required to complete the incomplete works under the notice.
	(4)	If a bond is forfeited, the Territory is entitled to all of the security or to a lesser amount decided by the planning and land authority.
25	Territory rent for common property lease 
The rent reserved under a lease of common property is 5 cents per year payable if and when demanded.
26	Territory rent for unit leases—unit title proposals approved before 1 October 1975
If proposals for the subdivision of a parcel of land were approved under the Unit Titles Act 1970 before 1 October 1975 (whether conditionally or otherwise), the rent reserved under the lease of any unit provided for by the proposals is 5 cents per year payable if and when demanded.
27	Endorsement of units plan for registration  
	(1)	If the planning and land authority has approved a unit title application, the lessee of the parcel may submit to the authority for endorsement under this section a units plan consisting of the following documents:
	(a)	diagrams showing the subdivision as approved (including the nature and extent of any encroachment mentioned in section 20 (1) (d) (Unit title applications—approval)); 
	(b)	if the application provides for a staged development—
	(i)	the development statement as approved; or
	(ii)	if the development statement has been amended under section 29—the development statement as amended;
	(c)	the schedule of unit entitlement as approved;
	(d)	the schedules of rent and lease provisions given to the lessee under section 23 (1) (b) and (c).
	(2)	The documents must comply with the regulations.
	(3)	The planning and land authority must approve the documents as the units plan in accordance with the regulations unless—
	(a)	there has been any development on the parcel since the application was approved by the authority (except any part of a staged development carried out in accordance with the development statement); or
	(b)	the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning and Development Act 2007 that applies because the lessee is the lessee of the parcel; or
	(c)	the documents submitted to the authority are not in accordance with the application as approved, or do not comply with this section; or
	(d)	the full amount of any security required under section 24 has not been provided with the documents.
28	Lapse of endorsement after 3 months  
	(1)	An endorsement of a units plan (under section 27) ceases to have effect—
	(a)	3 months after it was made, unless the units plan has been lodged with the registrar-general for registration under the Land Titles (Unit Titles) Act 1970; or
	(b)	if the units plan is lodged within 3 months after the endorsement was made, and is subsequently withdrawn under that Act, section 26—when the endorsement under that section is made by the registrar-general.
	(2)	If an endorsement of a units plan ceases to have effect, the lessee of the parcel may again submit the units plan to the planning and land authority for endorsement under section 27.
	(3)	If the lessee of the parcel again submits the units plan to the planning and land authority for endorsement under section 27, that section and this section apply as if the previous endorsement had not been made.
Division 3.3	Amendment of development statements
29	Amendment of development statements before registration
	(1)	After a unit title application providing for a staged development is approved (under section 20) and before the units plan is registered, the lessee of the parcel may apply to the planning and land authority for the amendment of the development statement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the applicant has obtained the written agreement to the amendment of each person with an interest in the parcel (except any interested person to whom subsection (3) applies); and
	(b)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
	(3)	The planning and land authority may amend the development statement despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the parcel.
	(4)	The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	If the amendment of the development statement requires the change of boundaries, the planning and land authority may amend the schedule of unit entitlement to reflect the change of boundaries, if satisfied on reasonable grounds that the amendment is necessary to reflect accurately a potential change in the relative improved values of the units.

30	Amendment of development statements after registration
	(1)	After a units plan that is subject to a staged development has been registered, and before the development is completed, the lessee of the parcel immediately before registration may apply to the planning and land authority for the amendment of the development statement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	If the amendment of the development statement only affects an uncompleted stage of a staged development, the planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the applicant has obtained the written agreement to the amendment of each person with an interest in a unit in that part of the parcel comprising the uncompleted stages of the development (except any interested person to whom subsection (3) applies); and
	(b)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change within the uncompleted stages of the development.
	(3)	The planning and land authority may amend the development statement under subsection (2) despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in that part of the parcel comprising the uncompleted stages of the development.
	(4)	If subsection (2) does not apply, the planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is given to the authority; and
	(b)	the applicant has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (5) applies); and
	(c)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
	(5)	The planning and land authority may amend the development statement under subsection (4) despite the applicant’s failure to obtain an interested nonvoter’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the units and the common property.
	(6)	The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	The planning and land authority may authorise the amendment of the schedule of unit entitlement to reflect a change of boundaries if—
	(a)	the amendment of the development statement requires the change of boundaries; and
	(b)	the authority is satisfied, on reasonable grounds, that the amendment is necessary to reflect accurately a change in the relative improved values of the units.
	(8)	If the planning and land authority authorises the amendment of the schedule of unit entitlement under this section—
	(a)	the authority must—
	(i)	endorse the amended schedule of unit entitlement; and
	(ii)	give a notice of authorisation to the lessee; and
	(b)	the lessee must lodge with the registrar-general—
	(i)	the endorsed amended schedule of unit entitlement; and
	(ii)	the notice of authorisation.
	(9)	If the planning and land authority amends the development statement under this section—
	(a)	the authority must endorse the amended development statement; and
	(b)	the lessee must lodge with the registrar-general the endorsed amended development statement.
31	Effect of registration of amendment
	(1)	On the registration of an amended development statement, and any amended schedule of unit entitlement, lodged under section 30—
	(a)	the units plan is amended accordingly; and
	(b)	if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
	(2)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).

Part 4	Registration of units plans
Division 4.1	Subdivision, unit leases and common property lease
32	Subdivision of parcel made by registration 
On and after the registration of a units plan, the parcel is subdivided as specified in the diagrams in the units plan.
33	Leases of units and common property 
	(1)	On the registration of a units plan, the lease of the parcel ends.
	(2)	On the registration of the units plan, the former lessee of the parcel becomes the holder of an estate in leasehold in each unit for the term fixed under subsection (4), subject to the provisions in the units plan for each unit, as if a separate lease of that unit for that term and subject to those provisions had been granted to the former lessee by the Territory under the Planning and Development Act 2007.
	(3)	On the registration of the units plan, the owners corporation becomes the holder of an estate of leasehold in the common property for the term fixed under subsection (4), subject to the provisions set out in the units plan for the common property, as if a lease of the common property for that term and subject to those provisions had been granted to the corporation by the Territory under the Planning and Development Act 2007.
Note	On the registration of a units plan, an owners corporation for the units plan is established (see Unit Titles (Management) Act 2011, s 8).
	(4)	The term of the leases of the units and of the common property begins on the registration of the units plan and ends on the date (stated in the units plan) when, apart from the operation of this section, the term of the lease of the parcel would have ended.
	(5)	The estate of which a person or the owners corporation becomes the holder under this section—
	(a)	is subject to any mortgage mentioned in the Land Titles (Unit Titles) Act 1970, section 8; and
	(b)	is subject to, and has annexed to it, any easement mentioned in that section; and
	(c)	is subject to, and has annexed to it, the easements given by this Act, section 35.
	(6)	In this section:
former lessee means the person who was the lessee of the parcel immediately before registration.
Division 4.2	Easements
34	Unit title easement rights 
This division applies to the following rights (unit title easement rights) that the owner of a benefited estate may have against the owner of a burdened estate:
	(a)	rights of support, shelter and protection (including rights for shelter provided by encroaching eaves, awnings or similar structures)—
	(i)	provided by the burdened estate at the time of the registration of the units plan, or at the time of the latest amendment (if any) of the plan after its registration; and
	(ii)	that will be provided by the burdened estate on compliance by its owner with a building and development provision (if any) in the lease of the burdened estate;
	(b)	rights to utility services, and to their provision by any reasonable form of utility conduit (including rights for the collection, passage and drainage of rainwater by encroaching eaves, gutters, downpipes or similar structures);
	(c)	all ancillary rights necessary to make the rights mentioned in paragraphs (a) and (b) effective, including a right of entry by the owner of the benefited estate at all reasonable times on the burdened estate for the inspection and maintenance of—
	(i)	any building on the estate; and
	(ii)	facilities for any utility service on the estate; and
	(iii)	any utility conduit on the estate.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
35	Easements given by this Act 
	(1)	On and after the registration of a units plan, the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable use and enjoyment of the benefited estate.
	(2)	A unit title easement right under this section is an easement annexed to the benefited estate.
	(3)	An easement given by this section exists even if the same person is the owner of both the benefited and burdened estates.
	(4)	A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
36	Easements declared by owners corporations
	(1)	An owners corporation may, by ordinary resolution, with the consent of the owners of each affected estate, declare that the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable support and maintenance of an encroachment of a kind prescribed by regulation.
	(2)	A unit title easement right declared by an owners corporation under this section is an easement annexed to the benefited estate.
	(3)	An easement declared by an owners corporation under this section exists even if the same person is the owner of both the benefited and burdened estates.
	(4)	A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
	(5)	An easement declared by an owners corporation under this section may only be revoked—
	(a)	by special resolution of the owners corporation; and
	(b)	with the consent of the owners of each affected estate.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
37	Registration—easements declared by owners corporations 
A resolution of an owners corporation under section 36 declaring or revoking an easement takes effect on the registration of the easement, or of a memorandum of extinguishment of the easement, together with written evidence of the consent of the owners of each affected estate.
Division 4.3	Encroachments on public places
37A	Effect of registration of units plan with encroachment on public place
	(1)	This section applies if—
	(a)	a units plan is registered for a parcel; and
	(b)	the plan shows an encroachment on a public place by an attachment to a building on the parcel.
Note	Attachment and encroachment—see the dictionary.
	(2)	This Act, the Unit Titles (Management) Act 2011 and the Land Titles (Unit Titles) Act 1970, other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—
	(a)	if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and
	(b)	in any other case—as if it were common property.
Note	The Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925.

Part 10	Amendment of units plans
Division 10.1	Amendment of schedule of unit entitlement
146	Unit entitlement authority—grant
	(1)	An owners corporation may apply to the planning and land authority for authority (a unit entitlement authority) for the amendment of the schedule of unit entitlement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may, by written notice to the owners corporation, grant a unit entitlement authority if satisfied on reasonable grounds that—
	(a)	the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is made; and
	(b)	the amendment is necessary to reflect accurately the current relative improved values of the units, or a change in those values that is anticipated after a particular event happens.
	(3)	The planning and land authority may grant a unit entitlement authority subject to the condition that it is to take effect only when a stated event happens.
	(4)	If the owners corporation applies for a unit entitlement authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising the unit entitlement amendment, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
147	Unit entitlement authorities—period of effect 
	(1)	A unit entitlement authority remains in force for—
	(a)	3 months after it is given, or after an event stated in the authority happens; or
	(b)	any extended period allowed under section 146 (4).
	(2)	A unit entitlement authority must state the period for which it is in force.
148	Unit entitlement authorities—registration 
On the registration of a unit entitlement authority, the units plan is amended accordingly.
Note	A unit entitlement authority may be registered with the registrar‑general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
Division 10.2	Minor boundary changes
149	Boundary authority—grant
	(1)	An owners corporation may apply to the planning and land authority for authority (a boundary authority) for the change of any unit or common property boundaries, together with any consequential amendment of the schedule of unit entitlement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may grant a boundary authority if satisfied on reasonable grounds that—
	(a)	the application is authorised by a unanimous resolution of the owners corporation made within 3 months before the application is made; and
	(b)	the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (3) applies); and
	(c)	the authorised boundary change is a minor boundary change; and
Note	A minor boundary change is a change to the boundaries of the units or the common property that is described in s 16.
	(d)	if an amendment of the schedule of unit entitlement is authorised—the amendment is necessary to reflect accurately a change in the relative improved values of the units because of the change of boundaries as authorised.
	(3)	The planning and land authority may grant a boundary authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the planning and land authority is satisfied on reasonable grounds that—
	(a)	the corporation has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed change; or
	(ii)	despite that failure, it is desirable to authorise the change having regard to the overall interests of everyone with interests in the units and the common property.
	(4)	If the owners corporation applies for a boundary authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising the change, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
150	Boundary authority—period of effect 
	(1)	A boundary authority remains in force for—
	(a)	3 months after it is given; or
	(b)	any extended period allowed under section 149 (4).
	(2)	A boundary authority must state the period for which it is in force.
151	Boundary authorities—registration 
	(1)	On the registration of a boundary authority—
	(a)	the units plan is amended accordingly; and
	(b)	the land covered by each affected lease is the area of land indicated by the boundaries as changed.
Note	A unit entitlement authority may be registered with the registrar-general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
	(2)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).
Division 10.3	Building damage schemes
152	What is a building damage scheme?
A building damage scheme for a units plan is a scheme for—
	(a)	the reinstatement of any building on the parcel that is damaged or destroyed; and
	(b)	the elimination of any class A unit that is damaged or destroyed (unless the unit is to be reinstated); and
	(c)	the consequential amendment of the units plan; and
	(d)	the application of any insurance amount paid (or payable) for the damage or destruction to any building on the parcel; and
	(e)	the payment of compensation (or other money) to the owner of any unit, and anyone else who may be adversely affected by the scheme.
153	Building damage orders—right of appearance 
	(1)	The following have a right to appear on an application for a provisional building damage order or a final building damage order:
	(a)	the owners corporation;
	(b)	a unit owner, or another person with an interest in a unit, or the common property, that is recorded on the corporate register;
	(c)	an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100;
	(d)	the director‑general, on behalf of the Territory.
Note	A unit owner or the owners corporation may apply for a provisional building damage order (see s 154 (2)).  The applicant for a provisional building damage order may apply for a final building damage order (see s 157 (2)).
	(2)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.
	(3)	A person who has a right to appear may be represented by a lawyer or someone else.
	(4)	The registrar of the ACAT must give a copy of an application to the director‑general.
154	Provisional building damage order—application 
	(1)	This section applies if—
	(a)	after the registration of a units plan, a building on the parcel is damaged or destroyed, unless the damage or destruction happens in the course of the demolition or development of the building; and
	(b)	the planning and land authority has given—
	(i)	a development approval under the Planning and Development Act 2007, chapter 7 for a development consisting of the reinstatement or elimination of any unit or building (or part of a unit or building) on the parcel (a unit redevelopment); or
	(ii)	if the unit redevelopment is exempt from the requirement to obtain development approval under the Planning and Development Act 2007, chapter 7—a certificate under subsection (4); and
	(c)	a cancellation authority or cancellation order for the units plan is not in force; and
	(d)	an application for a cancellation authority or cancellation order for the units plan is not pending.
	(2)	If this section applies, the owners corporation authorised by an ordinary resolution, or a unit owner, may apply to the ACAT for an order (a provisional building damage order) approving a building damage scheme incorporating the unit redevelopment.
	(3)	The application must be accompanied by—
	(a)	the proposed building damage scheme; and
	(b)	as the case requires—
	(i)	a copy of the development approval mentioned in subsection (1) (b) (i), certified by the planning and land authority as a true copy; or
	(ii)	a copy of the certificate mentioned in subsection (1) (b) (ii).
	(4)	On application by the applicant for the provisional damage order, if the planning and land authority is satisfied that approval under this Act or any other relevant territory law for the unit redevelopment would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the units plan as it is proposed to be altered by the unit redevelopment, the authority must give the applicant a certificate to that effect.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
155	Provisional building damage order—approval of scheme 
	(1)	The ACAT may make a provisional building damage order on application under section 154 if satisfied that—
	(a)	the damage or destruction to the building did not happen in the course of the development or demolition of the building; and
	(b)	the planning and land authority has given the development approval or certificate mentioned in section 154 (1) (b); and
	(c)	it is just and equitable to do so.
	(2)	The certified copy of the development approval accompanying the application (see section 154 (3) (b)) is evidence that the planning and land authority has given the relevant approval.
	(3)	The ACAT may make any ancillary order necessary or convenient for giving effect to a provisional building damage order.
156	Provisional building damage order—period of effect
A provisional building damage order, or any ancillary order, remains in force for—
	(a)	the period (not longer than 3 months) stated in the order; or
	(b)	an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the provisional building damage order while the provisional building damage order (or the ancillary order) is in force.
157	Final building damage order—amendment of units plan 
	(1)	This section applies while a provisional building damage order approving a building damage scheme is in force.
	(2)	On application by the applicant for the provisional building damage order, the ACAT may make an order (a final building damage order) authorising the amendment of the units plan in accordance with the building damage scheme approved under the provisional building damage order.
	(3)	The ACAT may make a final building damage order only if satisfied that—
	(a)	the approved building damage scheme has been carried out as far as practicable; and
	(b)	any order ancillary to the provisional building damage order has been complied with.
	(4)	The ACAT may make any ancillary order necessary or convenient for giving effect to a final building damage order.
158	Final building damage order—period of effect
A final building damage order, or any ancillary order, remains in force for—
	(a)	the period (not longer than 3 months) stated in the order; or
	(b)	an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the final building damage order while the final building damage order (or the ancillary order) is in force.
159	Final building damage order—registration 
	(1)	On the registration of a final building damage order—
	(a)	the units plan is amended in accordance with the approved building damage scheme; and
	(b)	if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
	(2)	In addition, on the registration of a final building damage order authorising the elimination of a unit—
	(a)	the lease of the eliminated unit ends; and
	(b)	the land covered by the lease of the unit immediately before the registration of the order is included in the land covered by the lease of the common property.
	(3)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).

Part 11	Cancellation of units plans
Division 11.1	Cancellation authority
160	Cancellation authority—grant by planning and land authority
	(1)	An owners corporation may apply to the planning and land authority for authority (a cancellation authority) for the cancellation of the units plan.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	On application for a cancellation authority, the planning and land authority may—
	(a)	grant the cancellation authority; or
	(b)	refuse to grant the cancellation authority.
	(3)	The planning and land authority may grant a cancellation authority only if satisfied that—
	(a)	the application is supported by a unanimous resolution of the corporation made within 3 months before the application is made; and
	(b)	the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (4) applies).
	(4)	The planning and land authority may grant a cancellation authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the planning and land authority is satisfied on reasonable grounds that—
	(a)	the corporation has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed cancellation; or
	(ii)	despite that failure, it is desirable to authorise the cancellation having regard to the overall interests of everyone with interests in the units and the common property.
	(5)	If the owners corporation applies for a cancellation authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising cancellation, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
	(6)	A cancellation authority must include a declaration of the provisions that are to govern the new lease arising under section 162 if the planning and land authority considers on reasonable grounds that it is desirable to do so to take account of any variation of a lease of any unit, or of the common property, made (or applied for) since the units plan was registered.
161	Cancellation authority—period of effect
	(1)	A  cancellation authority remains in force for—
	(a)	3 months after it is given; or
	(b)	any period allowed under section 160 (5).
	(2)	A cancellation authority must state the period for which it is in force.
Division 11.2	Cancellation orders
161A	Cancellation orders—Supreme Court powers
	(1)	An owners corporation may apply to the Supreme Court for an order (a cancellation order) authorising the cancellation of the units plan.
	(2)	On an application for a cancellation order, the Supreme Court may—
	(a)	make a cancellation order; or
	(b)	make a provisional cancellation order under section 161B; or
	(c)	dismiss the application.
	(3)	The Supreme Court may make a cancellation order only if satisfied that it is just and equitable to make the order (including any directions, or a declaration, mentioned in subsection (4)) having regard to the interests of everyone with interests in the units.
	(4)	A cancellation order may include either or both of the following:
	(a)	directions to be complied with after cancellation of the units plan;
	(b)	a declaration of the provisions that are to govern the new lease arising under section 162 to take account of any variation of a lease of any unit, or the common property, made or applied for since the units plan was registered.
	(5)	A direction mentioned in subsection (4) (a) may be enforced as if it were a judgment of the Supreme Court obtained by someone for whose benefit the direction was given against the person required to comply with the direction.
	(6)	A cancellation order remains in force for the period stated in the order.
161B	Cancellation orders—provisional orders
	(1)	On an application for a cancellation order for a units plan, the Supreme Court may make a provisional cancellation order for the units plan imposing conditions or giving directions (or both) to be complied with before the court makes a cancellation order.
	(2)	The Supreme Court may make a provisional cancellation order for a units plan only if satisfied that—
	(a)	it is necessary for either or both of the following purposes:
	(i)	to protect the interests of the Territory;
	(ii)	to adjust the rights and duties of everyone who has registered interests in the units, between each other, to the extent that the rights and duties may be affected by the cancellation of the units plan; and
	(b)	it is just and equitable to make the order having regard to the interests of everyone with interests in the units.
	(3)	A provisional cancellation order remains in force for the period stated in the order.
161C	Cancellation orders—after provisional order is made
	(1)	This section applies if—
	(a)	the Supreme Court makes a provisional cancellation order for a units plan on an application under section 161A; and
	(b)	the owners corporation subsequently applies for a cancellation order under that section.
	(2)	The Supreme Court may make a cancellation order under section 161A if satisfied that the conditions and directions stated in the provisional cancellation order have been complied with.
161D	Cancellation orders—right of appearance
	(1)	The following have a right to appear on an application for a cancellation order for a units plan:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100 (Building insurance by owners corporation);
	(e)	the director‑general, for the Territory.
	(2)	An owners corporation that applies for a cancellation order must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.
	(3)	A person who has a right to appear may be represented by a lawyer or someone else.
	(4)	The registrar of the Supreme Court must give a copy of an application for a cancellation order to the director‑general.
Division 11.3	Effects of cancellation 
162	Cancellation of units plan—effects
On the registration of a cancellation authority or cancellation order—
	(a)	the units plan is cancelled; and
	(b)	the owners corporation is dissolved (see section 164); and
	(c)	the lease of the common property and the lease of each of the units end; and
	(d)	the land covered by those leases forms 1 parcel of land; and
	(e)	a new lease arises over that parcel in the terms provided by section 163.
163	Cancellation of units plan—new lease over parcel
	(1)	The new lease arising under section 162 (e)—
	(a)	is held by—
	(i)	the owners of the units immediately before registration of the authority as tenants in common in shares proportional to their former unit entitlement; or
	(ii)	if there was a single owner of all the units immediately before the registration of the authority—by the owner; and
	(b)	expires on the day each of the leases of the units, and the lease of the common property, would have expired if it were not for the cancellation of the units plan; and
	(c)	is otherwise governed by the provisions to which the lease of the parcel was subject immediately before the registration of the units plan, subject to any declaration of the planning and land authority under section 160 (6) (Cancellation authority—grant by planning and land authority) or any declaration of the Supreme Court under section 161A (4) (b) (Cancellation orders—Supreme Court powers).
	(2)	If immediately before the registration of the authority, 2 or more people were the owners of a unit, 2 or more units or all the units (whether as joint tenants or tenants in common), the share in the estate, or the whole estate, vests in them under subsection (1) (a)—
	(a)	if they were joint tenants—jointly; or
	(b)	if they were tenants in common—as tenants in common in shares proportional to their former shares in the unit or units.
	(3)	The share in the estate that vests in a person under subsection (1) (a) is subject to any mortgage and easement mentioned in the Land Titles (Unit Titles) Act 1970, section 17.
164	Dissolution of owners corporation 
	(1)	On the dissolution of an owners corporation (on cancellation of the units plan)—
	(a)	all rights (at law or in equity) of the corporation immediately before the dissolution vest in the former members as tenants in common in shares proportional to their unit entitlement immediately before the dissolution; and
	(b)	the former members are liable separately and together for all the liabilities of the corporation existing immediately before dissolution.
	(2)	For subsection (1), a reference in a document to an owners corporation that has been dissolved is taken to be a reference to the former members.
Example of a document
A contract signed by the owners corporation before the dissolution under which the corporation owes, or is owed, an amount.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The operation of subsection (1) on the owners corporation may be varied by cancellation dissolution order (under section 165).
165	Dissolution of owners corporation—Supreme Court powers 
	(1)	On an application by an owners corporation authorised by an ordinary resolution, or a person with an interest in a unit, the Supreme Court may, if it considers that it is just and equitable to do so—
	(a)	by order (a cancellation dissolution order), vary the operation of section 164 (1) (Dissolution of owners corporation) on the corporation and its members; and
	(b)	make any orders that are necessary or convenient for giving effect to the cancellation dissolution order.
	(2)	The application may only be made before the units plan is cancelled (on registration of the cancellation authority).
	(3)	The following have a right to appear on the application:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100;
	(e)	the director‑general, on behalf of the Territory.
	(4)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.
	(5)	A person who has a right to appear may be represented by a lawyer or someone else.
	(6)	The registrar of the Supreme Court must give a copy of the application to the director‑general.

Part 11A	Changing 2-unit units plans to subdivisions
    
165A	Application—pt 11A
This part applies to a units plan with only 2 units.
165B	Subdivision of units plan—application
	(1)	An owners corporation to which this part applies may, on behalf of the members of the corporation, apply for development approval under the Planning and Development Act 2007 to subdivide the parcel of land covered by the leases of the units and common property into 2 parcels in accordance with a subdivision plan.
	(2)	The Planning and Development Act 2007, chapter 11 applies to the owners corporation as if the corporation were the lessee of the parcel of land.
Note	A development approval for the subdivision of a units plan must be conditional on the units plan being cancelled (see Planning and Development Act 2007, s 165 (2) (b)).

Part 12	Variation or surrender of leases
Division 12.1	Variation of leases
166	Development applications to vary lease under Planning and Development Act 
	(1)	An application for development approval for the variation of a unit or common property lease may be made under the Planning and Development Act 2007, chapter 7 (Development approvals) only if—
	(a)	all members of the owners corporation have been given notice of the proposed application under subsection (2); and
	(b)	the application is authorised by unopposed resolution; and
	(c)	a certificate under the corporation’s seal is provided confirming that the requirements mentioned in paragraphs (a) and (b) have been met.
	(2)	The notice of general meeting including notice of the motion to authorisation the application must set out—
	(a)	details of the variation sought; and
	(b)	the implications of the proposed variation for the unit entitlement and property interests of the members.
	(3)	If an application for development approval for the variation of a unit lease or common property lease is approved under the Planning and Development Act 2007, chapter 7, the planning and land authority must give each member of the owners corporation written notice of the approval stating the date the approval is to take effect.
167	Lease variation—amendment of schedule of unit entitlement
	(1)	On the variation of the lease of a unit, the planning and land authority may, by written notice to the registrar-general, direct that the schedule of unit entitlement be amended if the authority considers it necessary to do so to reflect accurately any change in the relative improved values of the units because of the variation.
	(2)	On the registration of the planning and land authority’s direction to amend the schedule of unit entitlement, the units plan is amended accordingly.
Division 12.2	Surrender of leases in units
167A	Surrender of leases in units
	(1)	This section applies if—
	(a)	the owners corporation of a units plan applies, or intends to apply, under the Planning and Development Act 2007, section 254, for the grant of a further lease of the units and common property in the units plan; and
	(b)	an owner of a unit in the units plan has not surrendered the lease of the owner’s unit.
	(2)	The owners corporation may surrender the lease of the owner’s unit on behalf of the owner if—
	(a)	the owners corporation gives the owner 3 months written notice of the surrender; and
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(b)	the owner does not give the owners corporation a written objection to the surrender; and
	(c)	after the end of the 3-month notice period, the surrender is authorised by an unopposed resolution.
	(3)	The owners corporation may also do anything on behalf of the owner that is necessary to make the surrender effective.
Example
The owners corporation may deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the surrender.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 13	Expiry and termination of unit leases
    
168	Effects of lease expiry
	(1)	On the expiry of the terms of the leases of the units and the common property in a units plan (as extended, if at all, under the Unit Titles Act 1970, section 108)—
	(a)	the units plan is cancelled; and
	(b)	the owners corporation is dissolved; and
	(c)	for each unit, the Territory is liable to pay a share of the value of the buildings on the parcel (on the date of expiry) proportional to the unit entitlement of the unit immediately before the expiry.
	(2)	The Territory is liable to pay the amount mentioned in subsection (1) (c) for a unit—
	(a)	to the person who owned the unit immediately before the expiry of the leases; or
	(b)	if the unit was owned by 2 or more people immediately before the expiry of the leases—to each co-owner in proportion to the co-owner’s former share in the unit.
	(3)	On the dissolution of an owners corporation under subsection (1)—
	(a)	all rights (at law or in equity) vested in the corporation immediately before the expiry are vested in the former members as tenants in common in shares proportional to their former unit entitlement; and
	(b)	the former members are liable separately and together for all the liabilities of the corporation existing immediately before the dissolution.
	(4)	For subsection (1), a reference in a document to an owners corporation that has been dissolved is taken to be a reference to the former members.
Example of a document
A contract signed by the owners corporation before the dissolution under which the corporation owes, or is owed, an amount.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	The operation of subsection (3) on the owners corporation may be varied by expiry dissolution order (under section 169).
169	Dissolution of owners corporation on lease expiry—Supreme Court powers
	(1)	On an application by an owners corporation authorised by an ordinary resolution, or a person with an interest in a unit, the Supreme Court may, if it considers that it is just and equitable to do so—
	(a)	by order (an expiry dissolution order), vary the operation of section 168 (3) (Effects of lease expiry) on the corporation and its members; and
	(b)	make any orders that are necessary or convenient for giving effect to the expiry dissolution order.
	(2)	The application may only be made before the dissolution of the owners corporation (on the expiry of the terms of the leases and common property).
	(3)	The following have a right to appear on an application:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for the Unit Titles (Management) Act 2011, section 100;
	(e)	the director‑general, on behalf of the Territory.
	(4)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted, see the Unit Titles (Management) Act 2011, s 124.
	(5)	A person who has a right to appear may be represented by a lawyer or someone else.
	(6)	The registrar of the Supreme Court must give a copy of the application to the director‑general.
170	Effect of termination of unit lease 
	(1)	If the registrar-general, under the Land Titles (Unit Titles) Act 1970, section 23, enters on a units plan a memorial of the termination of the lease of a unit—
	(a)	the interest of the lessee in the unit ends; and
	(b)	the land that was, immediately before the endorsement, covered by the lease continues to be a unit despite the termination; and
	(c)	the unit entitlement of the unit is omitted from the schedule of unit entitlement; and
	(d)	the unit entitlement of each other unit is increased in proportion (so that the total unit entitlement remains unchanged).
	(2)	After the termination of the lease of a unit and until a further lease of that unit is granted—
	(a)	the easements given by section 35 continue, as they benefit or burden the unit; and
	(b)	any easement declared under section 36 in effect at the time of termination continues, as it benefits or burdens the unit; and
	(c)	all those easements are enforceable by and against the planning and land authority as if the authority were the owner of the unit; and
	(d)	a person authorised in writing by the authority has the same rights to use the common property as the owner of the unit would have had if the lease had not been terminated.
Note	This section does not apply to a lease surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).
171	New unit lease 
	(1)	If, after the termination of the lease of a unit, a person becomes entitled under the Planning and Development Act 2007 to the grant of a lease of the unit, the planning and land authority must—
	(a)	lodge with the registrar-general written notice of that fact; and
	(b)	give the owners corporation written notice accordingly.
	(2)	On the entry on the units plan of a memorial under the Land Titles (Units Titles) Act 1970, section 24, the person entitled to the grant of the lease becomes the holder of an estate of leasehold in the unit for the term mentioned in subsection (3) and subject to the provisions set out in the units plan for the lease of that unit, as if a lease of that unit for that term and subject to those provisions had been granted to the person by the Territory under the Planning and Development Act 2007.
	(3)	The term of the lease begins on the registration of the notice and expires on the same day (stated in the units plan) as the terms of the leases of the other units.
	(4)	When a person becomes the holder of an estate in leasehold under this section—
	(a)	the easements given by section 35 continue, as they benefit or burden the unit; and
	(b)	any easement declared under section 36 to which the terminated lease was subject continues, as it benefits or burdens the unit.
Note	This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).
172	New unit lease—schedule of unit entitlement 
	(1)	This section applies if, after the termination of the lease of a unit, a person becomes entitled under the Planning and Development Act 2007 to the grant of a lease of the unit.
	(2)	On the entry on the units plan of memorials under the Land Titles (Unit Titles) Act 1970, section 24, the schedule of unit entitlement has the same effect as it had immediately before the entry was made on that schedule under that Act, section 23 on the termination of the previous lease.
Note	This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).

Part 14	Notification and review of decisions
173	Definitions—pt 14
In this part:
internally reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
internal reviewer—see section 174A.
internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means an internal reviewer’s decision in relation to an internally reviewable decision.
173A	Internal review notices
	(1)	If the planning and land authority makes an internally reviewable decision, the authority must give an internal review notice only to each person mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Note 2	Section 174 gives a person who is given an internal review notice the right to object to the internally reviewable decision (unless the person was the applicant for the decision, and the decision was made in the applicant’s favour).
	(2)	However, the planning and land authority is not required to give an internal review notice to a person with an interest in a parcel, or an interested non-voter, in relation to a decision if the authority is not, and could not reasonably be, aware of the person’s interest because of the process of reaching the decision.
	(3)	An internal review notice given to a person in relation to a decision must include a statement to the effect that the person may not object to the decision if—
	(a)	the person applied for the decision; and
	(b)	the decision was made in accordance with the application.
174	Objections
	(1)	A person mentioned in schedule 1, column 4 in relation to an internally reviewable decision may object to the decision.
	(2)	However, a person may not object to a decision if—
	(a)	the person applied for the decision; and
	(b)	the decision was made in accordance with the application.
	(3)	The objection must—
	(a)	be in writing; and
	(b)	state the person’s name and address; and
	(c)	set out the person’s reasons for making the application; and
	(d)	be given to the planning and land authority.
Note	If a form is approved under s 180 for the objection, the form must be used.
	(4)	The objection must be given to the planning and land authority within—
	(a)	28 days after the day the person is given the internal review notice for the decision; or
	(b)	any longer period allowed by the planning and land authority before or after the end of the 28-day period.
174A	Internal reviewer
The planning and land authority must arrange for a person (the internal reviewer) who did not make the internally reviewable decision to review the decision.
175	Review by internal reviewer
	(1)	The internal reviewer for an internally reviewable decision must review the decision.
	(2)	The review must happen within 28 days (the 28-day period) after the day the planning and land authority receives the objection to the internally reviewable decision.
	(3)	The internal reviewer must—
	(a)	allow the objection and substitute the reviewer’s own decision; or
	(b)	disallow the objection.
	(4)	If the objection is not decided within the 28-day period, the objection is taken to have been disallowed by the internal reviewer.
176	Reviewable decision notices
If an internal reviewer makes a reviewable decision, the reviewer must give a reviewable decision notice only to each person to whom an internal review notice is required to be given in relation to the decision.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
177	Effect of decision to allow objection
If a decision is made to allow an objection and to substitute a new decision for the decision objected to—
	(a)	the decision objected to no longer has effect from the date of the reviewable decision notice; and
	(b)	this Act applies as if the substituted decision had been made on the date of the notice, subject to paragraph (c); and
	(c)	this part does not apply to the substituted decision.
177A	Applications for review
The person in relation to whom a reviewable decision is made may apply to the ACAT for review of the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 15	Miscellaneous
    
179	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
180	Approved forms
	(1)	The planning and land authority may approve forms for this Act.
	(2)	If the planning and land authority approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
181	Regulation-making power
	(1)	The Executive may make regulations for this Act.
	(2)	A regulation may create offences and fix maximum penalties of not more than 60 penalty units for the offences.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 20	Transitional—Unit Titles Amendment Act 2008 (No 2)
250	Definitions—pt 20
In this part:
commencement day means the day the Unit Titles Amendment Act 2008 (No 2), section 4 commences.
pre-amendment Act means the Unit Titles Act 2001 as in force immediately before the commencement day.
251	Transitional—unit title application for 2-unit units plan
	(1)	This section applies if—
	(a)	a lessee applied under the pre-amendment Act, section 17 for the subdivision of a parcel into 2 units; and
	(b)	immediately before the commencement day, the application had not been decided; and
	(c)	if the application were approved, 1 unit would not be wholly or partly superimposed on the other unit.
	(2)	The pre-amendment Act applies in relation to the application.
252	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Unit Titles Amendment Act 2008 (No 2).
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or in another territory law.
253	Transitional effect—Legislation Act, s 88
This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
254	Expiry—pt 20
This part expires 5 years after the day it commences.

Part 25	Transitional—Construction Occupations Legislation Amendment Act 2010
300	Meaning of commencement day—pt 25
In this part:
commencement day means the day this part commences. 
301	Transitional—unit title applications lodged before commencement day
	(1)	This section applies if—
	(a)	before the commencement day, a lessee of a parcel applied for approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements); and
	(b)	immediately before the commencement day—
	(i)	the planning and land authority had not decided the application under section 20 (Unit title applications—approval); or
	(ii)	if an application for review to the ACAT had been made for a decision to refuse to approve a unit title application under section 20 (6)—the proceeding on the application had not ended.
	(2)	The lessee is not required to provide a unit title assessment report.
302	Transitional regulations—pt 25
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of part 3 of the Construction Occupations Legislation Amendment Act 2010.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
	(4)	A regulation under subsection (2) expires 2 years after the day it commences.
303	Expiry—pt 25
This part expires 5 years after the commencement day.

Schedule 1	Reviewable decisions
(see s 173)

column 1
item 	column 2
Act provision	column 3
reviewable decision	column 4
person	
1	20 (5)	refusal to approve a unit title application on the grounds of inconsistency with the heritage register	lessee of the parcel	
2	21 (1)	determination of a reasonable rent to be reserved under the lease of a unit in a units plan	lessee of the parcel	
3	22	amendment of a development statement	lessee of the parcel	
4	29	amendment of a development statement before registration of the units plan	each person with an interest in the parcel	
5	29	refusal to amend a development statement before registration of the units plan	each person with an interest in the parcel	
6	29 (5)	amendment of a schedule of unit entitlement in amending a development statement before registration of the units plan	each person with an interest in the parcel	
7	30	amendment of a development statement after registration of the units plan.	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
8	30	refusal to amend a development statement after registration of the units plan	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
9	30 (7) (a)	authorisation of amendment of a schedule of unit entitlement in amending a development statement after registration of the units plan	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
10	146	refusal to grant unit entitlement authority	owners corporation	
11	146	grant of unit entitlement authority otherwise than as applied for	owners corporation	
12	146 (4) (b)	grant of shorter extended period than applied for, for which a unit entitlement authority is to remain in force	owners corporation	
13	149	grant of boundary authority	(a)	owners corporation
(b)	each interested nonvoter	
14	149	refusal to grant boundary authority	(a)	owners corporation
(b)	each interested nonvoter	
15	149 (4) (b)	grant of shorter extended period than  applied for, for which a boundary authority is to remain in force	(a)	owners corporation
(b)	each interested nonvoter	
16	154 (4)	grant of certificate about unit redevelopment	applicant for certificate	
17	160	grant of cancellation authority	(a)	owners corporation
(b)	each interested nonvoter	
18	160	refusal to grant cancellation authority	(a)	owners corporation
(b)	each interested nonvoter	
19	160 (4) (b)	grant of shorter extended period than applied for, for which a cancellation authority is to remain in force	(a)	owners corporation
(b)	each interested nonvoter	
20	160 (5)	grant of cancellation authority including a declaration of provisions that are to govern the new lease arising under section 163	(a)	owners corporation
(b)	each interested nonvoter	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	appoint
·	director‑general (see s 163)
·	exercise 
·	function
·	heritage register
·	planning and land authority
·	reviewable decision notice.
address for correspondence—see the Unit Titles (Management) Act 2011, dictionary.
administrator—see the Unit Titles (Management) Act 2011, dictionary.
annexed—see section 12A.
appoint includes engage.
attachment, in relation to a building, means—
	(a)	an eave, gutter or downpipe; or
	(b)	an awning; or
	(c)	anything attached to the building prescribed by regulation.
benefited estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
boundary authority—see section 149.
building includes—
	(a)	a structure; and
	(b)	any other improvement (including fixtures, fittings and site improvements); and
	(c)	as shown in a unit title application—a building, structure or improvement (including fixtures, fittings and site improvements) proposed to be erected, or as proposed to be altered or added to.
Examples of site improvements
1	a paved path
2	a paved barbecue area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
building and development provision, in relation to a lease—see the Planning and Development Act 2007, section 234.
building damage scheme—see section 152.
burdened estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
cancellation authority—see section 160.
cancellation dissolution order—see section 165 (Dissolution of owners corporation—Supreme Court powers).
cancellation order—see section 161A (Cancellation orders—Supreme Court powers). 
class A unit—see section 10.
class B unit—see section 11.
common property—see section 13.
company—see the Unit Titles (Management) Act 2011, dictionary.
corporate register—see the Unit Titles (Management) Act 2011, section 113.
developer means the lessee of a parcel who applies for the approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements).
development, of a parcel, a unit or common property—
	(a)	means the erection, alteration or addition of a building on the parcel, unit or common property; and
	(b)	for a unit title application—includes a proposal for the erection, alteration or addition of a building on the parcel, unit or common property.
development statement means a statement about a staged development, accompanying a unit title application (as amended under section 22 (Unit title applications—amendment of development statement by authority), or amended under section 29 (Amendment of development statements before registration) or section 30 (Amendment of development statements after registration)).
encroachment includes a projection at, above or below ground level.
entitled to vote, in relation to a motion at a general meeting of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
estate, in relation to a unit title easement right given by this Act, means the unit or common property benefited or burdened by the right.
Note	See div 4.2 (Easements) (which defines unit title easement rights in s 34 and benefited estate and burdened estate in s 35 and s 36).
executive member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
expiry dissolution order—see section 169 (Dissolution of owners corporation on lease expiry—Supreme Court powers).
final building damage order—see section 157.
former members, of an owners corporation that is dissolved, means the people who were the members of the corporation immediately before the dissolution.
improved value, for calculating the unit entitlement of a unit (whether before or after the registration of the units plan) means—
	(a)	for a class A unit—the total of the following values:
	(i)	the value of the unit itself;
	(ii)	for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
	(iii)	for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land; or
	(b)	for a class B unit—the total of the following values:
	(i)	the combined value of the land occupied by the unit itself and of all buildings on the land;
	(ii)	for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
	(iii)	for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land.
interest, in a unit or common property, means a legal or equitable estate or interest (whether registered or unregistered) in the lease of the unit or of the common property, except an interest in a sublease of a unit.
interested nonvoter—a person with an interest in a unit or the common property is an interested nonvoter in relation to an application under this Act for amendment of a development statement (under section 30), a boundary authority (under section 149) or a cancellation authority (under section 160) if—
	(a)	the interest was shown on the corporate register (or known to an executive member) when the application was made; and
	(b)	either—
	(i)	the person’s interest was in a unit (otherwise than as mortgagee) or the common property when the resolution authorising the application was passed, but the person was not entitled to vote on the resolution; or
	(ii)	the person’s interest was as mortgagee in a unit when the resolution authorising the application was passed, but the mortgagee was not entitled to vote on the resolution through a mortgagee’s representative.
Examples—interested nonvoters
1	The proprietor of a property adjoining the parcel on which the units stand, if the property benefits from an easement over the common property, and the proprietor’s easement interest is shown on the corporate register. 
2	For par (b) (i), a part-owner of a unit that is owned by 2 or more people, if the part-owner was not the representative for the unit when the application was authorised at a general meeting.  The part-owner would not have been ‘entitled to vote’ under the Unit Titles (Management) Act 2011, sch 3, s 3.20.
3	For par (b) (i), an owner of a unit for which a mortgagee has issued a mortgagee voting notice under the Unit Titles (Management) Act 2011, sch 3, s 3.23.  The owner would not have been ‘entitled to vote’ under that Act, sch 3, s 3.20.
4	For par (b) (ii), the mortgagee of a unit who was not entitled to vote on the motion authorising the application because the mortgagee did not (or was not entitled to) issue a mortgagee voting notice under the Unit Titles (Management) Act 2011, sch 3, s 3.23.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
internally reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
internal reviewer, for part 14 (Notification and review of decisions)—see section 174A.
internal review notice, for part 14 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
lease means—
	(a)	for a unit—the lease of the unit under section 33 (2) (Leases of units and common property) or section 171 (2) (New unit lease); or
	(b)	for common property—the lease of the common property under section 33 (3) (Leases of units or common property); or
	(c)	for a parcel—the lease of the parcel granted under the Planning and Development Act 2007, or the lease arising under section 162 (Cancellation of units plan—effects) of this Act.
lessee means—
	(a)	for a unit—the owner of the unit; or
	(b)	for the common property—the owners corporation; or
	(c)	for a parcel—the registered proprietor of the lease of the parcel.
maintenance, of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—
	(a)	repair; and
	(b)	replacement; and
	(c)	renewal; and
	(d)	restoration.
member, of an owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
minor boundary change—see section 16.
mortgage—see the Unit Titles (Management) Act 2011, dictionary.
mortgagee—see the Unit Titles (Management) Act 2011, dictionary.
mortgagee’s representative—see the Unit Titles (Management) Act 2011, schedule 3, section 3.23.
ordinary resolution—see the Unit Titles (Management) Act 2011, dictionary.
owner means—
	(a)	for a unit—the registered proprietor of the lease of the unit; or
Note	The term unit owner is also defined in the dictionary with the same meaning.
	(b)	for common property—the owners corporation.
owners corporation—see the Unit Titles (Management) Act 2011, dictionary.
parcel—see section 5.
part-owner, of a unit—see the Unit Titles (Management) Act 2011, dictionary.
proprietor, of an interest in land, includes anyone who is entitled to exercise the rights of the proprietor in relation to the land.
Examples
1	someone to whom the proprietor has assigned those rights
2	the heir, executor or administrator of the proprietor
3	the trustee in relation to the proprietor’s interest under the Bankruptcy Act 1966 (Cwlth)
4	for a company that is a proprietor, the company’s liquidators
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
provisional building damage order—see section 154.
provisions, of a lease, means the provisions, covenants and conditions subject to which the lease is held.
public place—see the Roads and Public Places Act 1937, dictionary.
registered means registered with the registrar-general under the Land Titles Act 1925 or the Land Titles (Unit Titles) Act 1970.
reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
schedule of unit entitlement, in relation to a units plan, means the schedule of unit entitlement forming part of the plan under section 8.
special resolution—see the Unit Titles (Management) Act 2011, dictionary.
staged development, in relation to a unit title application—see section 17 (4) (Unit title applications—general requirements).
termination, of a lease of a unit, does not include the termination of the lease on surrender under the Planning and Development Act 2007, section 254 (Grant of further leases).
unanimous resolution—see the Unit Titles (Management) Act 2011, dictionary.
unit—see section 9.
unit entitlement—see section 8.
unit entitlement authority—see section 146.
unit owner means the registered proprietor of the lease of the unit.
units plan means the units plan under section 7.
unit subsidiary—see section 12.
unit title application—see section 6.
unit title assessment report—see section 22B.
unit title assessor—see section 22A.
unit title easement rights—see section 34.
unopposed resolution—see the Unit Titles (Management) Act 2011, dictionary.
utility conduit means a conduit of any kind for the provision of a utility service, and includes, for example, pipes, wires, cables and ducts for a utility service.
utility services includes—
	(a)	the collection and passage of stormwater; and
	(b)	the supply of water (for drinking or any other use); and
	(c)	sewerage and drainage services; and
	(d)	garbage collection services; and
	(e)	gas, electricity and air services (including airconditioning and heating); and
	(f)	communication services (including telephone, radio, television and internet).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Unit Titles Act 2001 A2001‑16 
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 182, s 185 and s 189 commenced 5 April 2001 (s 1)
remainder commenced 5 October 2001 (LA s 79)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 401
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 401 commenced 5 October 2001 (s 2 (2) and amdts 1.4149‑1.4161)
Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.51
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (s 2 (1))
amdts commenced 12 September 2001 (s 2 (2), amdt 3.859, amdt 3.860)
Community Title Act 2001 A2001‑58 s 103
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
s 103 commenced 10 March 2002 (LA s 79)
Statute Law Amendment Act 2002 A2002‑30 pt 3.84
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.929 taken to have commenced 5 October 2001 (s 2 (2))
pt 3.84 remainder commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 A2002‑56 sch 3 pt 3.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.70
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.70 commenced 2 June 2005 (s 2 (1))
Unit Titles Amendment Act 2005 A2005-25
notified LR 11 May 2005
s 1, s 2 commenced 11 May 2005 (LA s 75 (1))
remainder commenced 12 May 2005 (s 2)
Unit Titles (Staged Development) Amendment Act 2005 A2005-37
notified LR 26 August 2005
s 1, s 2 commenced 26 August 2005 (LA s 75 (1))
remainder commenced 14 September 2005 (s 2 and CN2005-21)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.24
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.24 commenced 16 November 2006 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.32
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.32 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Unit Titles Amendment Act 2008 A2008-9
notified LR 17 April 2008
s 1, s 2 commenced 17 April 2008 (LA s 75 (1))
remainder commenced 18 April 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.102
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.102 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Unit Titles Amendment Act 2008 (No 2) A2008-45
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
s 3 commenced 2 February 2009 (s 2 (1) and CN2008-18)
s 4, s 48 (new section 251) commenced 10 September 2009 (s 2 (1) and CN2008-18)
s 7, s 16, s 39, s 42, s 45, s 46, s 49, s 50, s 53 commenced 2 February 2009 (s 2 (2))
s 15, s 52 (def manager) commenced 1 July 2009 (s 2 (1) and CN2008‑18)
remainder commenced 31 March 2009 (s 2 (1) and CN2008-18)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.81
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.81 commenced 17 December 2009 (s 2)
Construction Occupations Legislation Amendment Act 2010 A2010-8 pt 3
notified LR 3 March 2010
s 1, s 2 commenced 3 March 2010 (LA s 75 (1))
pt 3 commenced 3 September 2010 (s 2 (2) and LA s 79)
Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 6
notified LR 8 July 2010
pt 1 commenced 8 July 2010 (s 2 (1))
pt 6 commenced 3 September 2010 (s 2 (2) and see Construction Occupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA s 79)
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.12
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.12 commenced 21 December 2010 (s 2 (1))
Planning and Development (Lease Variation Charges) Amendment Act 2011 A2011-19 sch 1 pt 1.2
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.161
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.161 commenced 1 July 2011 (s 2 (1))
Planning and Building Legislation Amendment Act 2011 A2011-23 pt 10
notified LR 6 July 2011
pt 1 commenced 6 July 2011 (s 2 (1))
pt 10 commenced 7 July 2011 (s 2 (5))
Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.12
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.12 commenced 30 March 2012 (s 2 and CN2012-6)
Planning, Building and Environment Legislation Amendment Act 2012 A2012-23 pt 6
notified LR 28 May 2012
s 1, s 2 commenced 28 May 2012 (LA s 75 (1))
pt 6 commenced 29 May 2012 (s 2)

4	Amendment history
Long title
long title	am A2011‑41 amdt 5.32
Commencement
s 2	om LA s 89 (4)
Dictionary
s 3	am A2011‑41 amdt 5.33
Units plan
s 7	am A2005‑37 s 4; pars renum R8 LA (see A2005‑37 s 5)
Class B units
s 11	am A2008‑9 amdt 1.1
Meaning of annexed
s 12A	ins A2005‑20 amdt 3.447
Unit title applications—general requirements
s 17	am A2001‑44 amdt 1.4149; A2002‑56 amdt 3.75; A2005‑37 s 6; A2007‑25 amdt 1.180; A2008‑9 s 4; A2008‑45 s 4; A2010‑8 s 16; A2010‑24 s 52; A2011‑23 s 41; A2012‑23 s 41, s 42; ss renum R24 LA
Unit title applications—class A units and class B units
s 18	am A2008‑9 amdt 1.2
Unit title applications—unit subsidiaries
s 19	am A2008‑9 amdt 1.2
Unit title applications—approval
s 20	am A2001‑44 amdt 1.4150, amdt 1.4151; A2002‑56 amdt 3.75, amdt 3.76; A2005‑37 s 7, s 8; A2006‑42 amdt 3.210, amdt 3.211; A2007‑25 amdt 1.181, amdt 1.182; A2008‑9 s 5, s 6; A2010‑8 s 17; ss renum R18 LA; A2011‑19 amdt 1.2, amdt 1.3; ss renum R21 LA; A2011‑23 ss 42-45; ss renum R22 LA
Unit title applications—reasonable rent
s 21	am A2002‑56 amdts 3.57-3.59; A2008‑37 amdt 1.504
Unit title applications—amendment of development statement by authority
s 22	sub A2002‑56 amdt 3.60
Unit title assessment reports for unit title applications
div 3.1A hdg	ins A2010‑8 s 18
Meaning of unit title assessor
s 22A	ins A2010‑8 s 18
Unit title assessment reports
s 22B	ins A2010‑8 s 18
	am A2010‑24 s 53
Unit title assessment report applications—unit title assessor may require further information
s 22C	ins A2010‑8 s 18
	am A2010‑24 s 54
Unit title assessment report applications—contents of request for further information
s 22D	ins A2010‑8 s 18
Unit title assessment report applications—effect of failure to provide further information
s 22E	ins A2010‑8 s 18
Unit title applications—authority may require further information
s 22F	ins A2010‑8 s 18
Unit title applications—contents of request for further information
s 22G	ins A2010‑8 s 18
Notice of approval of unit title applications
s 23	am A2002‑56 amdt 3.61, amdt 3.75, amdt 3.76
Security for staged developments and unfinished work
s 24	am A2001‑44 amdt 1.4152, amdt 1.4153; A2002‑56 amdt 3.62, amdt 3.75
Endorsement of units plan for registration
s 27	am A2002‑56 amdt 3.63, amdt 3.75, amdt 3.76; A2005‑37 s 9; pars renum R8 LA (see A2005‑37 s 10); A2007‑25 amdt 1.182; A2008‑9 s 7
Lapse of endorsement after 3 months
s 28	am A2002‑56 amdt 3.75
Amendment of development statements before registration
s 29	am A2001‑44 amdt 1.4154; A2002‑56 amdt 3.64, amdt 3.65, amdt 3.75
Amendment of development statements after registration
s 30	am A2001‑44 amdt 1.4154; A2002‑56 amdt 3.66, amdt 3.67, amdt 3.75, amdt 3.76; A2005‑37 ss 11-14; ss renum R8 LA (see A2005‑37 s 15); A2008‑45 s 5
Effect of registration of amendment
s 31	sub A2005‑37 s 16
	am A2007‑25 amdt 1.183
Developer disclosure
div 3.4 hdg	ins A2008‑45 s 6
	reloc to Civil Law (Property) Act 2006 div 2.9.2 hdg by A2011‑41 amdt 5.38
Contract for sale of unit before registration of units plan
s 31A	ins A2008‑45 s 6
	am A2011‑41 amdts 5.34-5.37
	reloc to Civil Law (Property) Act 2006 s 260 by A2011‑41 amdt 5.38
Leases of units and common property
s 33	am A2007‑25 amdt 1.184; A2011‑41 amdt 5.39
Unit title easement rights
s 34	am A2007‑25 amdt 1.185
Encroachments on public places
div 4.3 hdg	ins A2008‑9 s 8
Effect of registration of units plan with encroachment on public place
s 37A	ins A2008‑9 s 8
	am A2011‑41 amdt 5.40
Owners corporations generally
pt 5 hdg	om A2011‑41 amdt 5.41
Establishment and legal status of owners corporation
div 5.1 hdg	om A2011‑41 amdt 5.41
Establishment of owners corporations
s 38	om A2011‑41 amdt 5.41
Legal status of owners corporation
s 39	om A2011‑41 amdt 5.41
Membership and representatives
div 5.2 hdg	om A2011‑41 amdt 5.41
Members of owners corporation
s 40	om A2011‑41 amdt 5.41
Multiple owners of units—authorisation of representatives
s 41	om A2011‑41 amdt 5.41
Multiple owners of units—functions of representatives
s 42	om A2011‑41 amdt 5.41
Company-owned units—authorisation of representatives
s 43	om A2011‑41 amdt 5.41
Company-owned units—functions of representatives
s 44	om A2011‑41 amdt 5.41
Evidence of representative status
s 45	om A2011‑41 amdt 5.41
General functions
div 5.3 hdg	om A2011‑41 amdt 5.41
General functions
s 46	om A2011‑41 amdt 5.41
Restriction on owners corporation during developer control period
s 46A	ins A2008‑45 s 7
	om A2011‑41 amdt 5.41
Common property ownership
s 47	om A2011‑41 amdt 5.41
Dealings in property
s 48	am A2001‑58 s 103; A2008‑45 s 8, s 9
	om A2011‑41 amdt 5.41
Special privileges relating to common property
s 49	om A2011‑41 amdt 5.41
Surrender of leases in units
s 49A	reloc and renum as s 167A
Exemptions for units plans with 4 or fewer units
s 50	am A2008‑45 s 10
	om A2011‑41 amdt 5.43
General duties
s 51	am A2002‑56 amdt 3.75; A2005‑37 s 17; pars renum R8 LA (see A2005‑37 s 18); A2007‑25 amdt 1.186; A2008‑45 s 11
	om A2011‑41 amdt 5.43
Animals—owners corporation’s consent
s 51A	ins A2008‑45 s 12
	om A2011‑41 amdt 5.43
Structural defects—owners corporation may represent members
s 51B	ins A2008‑45 s 12
	om A2011‑41 amdt 5.43
Owners corporation—entry to units
s 51C	ins A2008‑45 s 12
	om A2011‑41 amdt 5.43
Work on behalf of particular unit owners or occupiers
s 52	am A2008‑45 s 13
Recovery of costs—agreements under s 52
s 53	om A2011‑41 amdt 5.43
Recovery of expenditure resulting from member or unit occupier’s fault
s 54	om A2011‑41 amdt 5.43
People appointed by owners corporation to help run owners corporation
div 5.3A hdg	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—appointment
s 55	om A2008‑45 s 14
	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—conditions of appointment
s 55A	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—functions
s 55B	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—ending appointment
s 55C	ins A2008‑45 s 15
	am A2009‑49 amdt 3.204
	om A2011‑41 amdt 5.43
Manager—remedial breaches
s 55D	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—code of conduct
s 55E	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—public liability insurance
s 55F	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Manager—delegated functions
s 55G	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Communications officer—appointment
s 55H	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Communications officer—function
s 55I	ins A2008‑45 s 15
	om A2011‑41 amdt 5.43
Service contractors
div 5.3B hdg	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—contract and functions
sdiv 5.3B.1 hdg	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Definitions—div 5.3B
s 55J	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
	def service contract ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
	def service contractor ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
	def service contractor services ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—contract
s 55K	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor not to be contracted for longer than 25 years
s 55L	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—functions
s 55M	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—transfer
s 55N	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—ending contract
s 55O	ins A2008‑45 s 16
	am A2009‑49 amdt 3.205
	om A2011‑41 amdt 5.43
Service contractor—remedial breaches
s 55P	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Service contractor—contract and functions
sdiv 5.3B.2 hdg	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Meaning of financed service contract and financier—subdiv 5.3B.2
s 55Q	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Who is a financier for a service contract?
s 55R	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Financed service contract—notice of change
s 55S	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Financed service contract—limitation on ending
s 55T	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Financed service contract—person authorised to act for financier
s 55U	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Financed service contract—agreement between owners corporation and financier prohibited
s 55V	ins A2008‑45 s 16
	om A2011‑41 amdt 5.43
Finances of owners corporation
div 5.4 hdg	om A2011‑41 amdt 5.43
Definitions—div 5.4
s 55W	ins A2008‑45 s 17
	om A2011‑41 amdt 5.43
	def initial sinking fund plan ins A2008‑45 s 17
	om A2011‑41 amdt 5.43
	def sinking fund expenditure ins A2008‑45 s 17
	om A2011‑41 amdt 5.43
	def sinking fund plan ins A2008‑45 s 17
	om A2011‑41 amdt 5.43
Banking and investment of money of corporation
s 56	om A2011‑41 amdt 5.43
Prohibition on business
s 57	om A2011‑41 amdt 5.43
Borrowing powers
s 58	am A2008‑45 s 18
	om A2011‑41 amdt 5.43
General funds (administrative or special purpose funds)
s 59	am A2005‑20 amdt 3.448
	om A2011‑41 amdt 5.43
Contributions to general funds
s 60	om A2011‑41 amdt 5.43
Sinking funds
s 61	am A2008‑45 s 19, s 20
	om A2011‑41 amdt 5.43
Sinking funds—owners corporation to prepare initial 10‑year plan
s 62	sub A2008‑45 s 21
	(4)-(6) exp 31 March 2011 (s 62 (6) (LA s 88 declaration applies))
	om A2011‑41 amdt 5.43
Sinking funds—review of initial sinking fund plan
s 63	sub A2008‑45 s 21
	om A2011‑41 amdt 5.43
Sinking funds—owners corporation to prepare subsequent 10-year plans
s 63A	ins A2008‑45 s 21
	om A2011‑41 amdt 5.43
Sinking funds—review of sinking fund plan
s 63B	ins A2008‑45 s 21
	om A2011‑41 amdt 5.43
Sinking funds—contributions
s 64	om A2011‑41 amdt 5.43
General and sinking funds in staged developments
s 64A	ins A2005‑37 s 19
	om A2011‑41 amdt 5.43
Discounts and interest—amounts owing
s 65	am A2008‑45 s 22, s 23
	om A2011‑41 amdt 5.43
Recovery of amounts owing
s 66	om A2011‑41 amdt 5.43
Security for unpaid amounts—declaration of charge
s 67	om A2011‑41 amdt 5.43
Security for unpaid amounts—discharge
s 68	om A2011‑41 amdt 5.43
Liability of co-owners
s 69	om A2011‑41 amdt 5.43
Information
div 5.5 hdg	om A2011‑41 amdt 5.43
Corporate register—establishment
s 70	om A2011‑41 amdt 5.43
Corporate register—information for inclusion
s 71	am A2005‑20 amdt 3.449
	om A2011‑41 amdt 5.43
Corporate register—access
s 72	om A2011‑41 amdt 5.43
Names and addresses of executive members
s 73	om A2011‑41 amdt 5.43
Insurance information
s 74	om A2011‑41 amdt 5.43
Unit title certificate and access to owners corporation records
s 75	am A2001‑44 amdt 1.4155, amdt 1.4156
	sub A2008‑45 s 24
	om A2011‑41 amdt 5.43
Acting on information in unit title certificate
s 76	om A2011‑41 amdt 5.43
Failure to provide information (or certificate)—offence
s 77	om A2011‑41 amdt 5.43
Owners corporation name, address and letterbox
s 78	am A2001‑44 amdt 1.4157
	om A2011‑41 amdt 5.43
Service of documents on owners corporation
s 79	sub A2002‑30 amdt 3.925
	om A2011‑41 amdt 5.43
Service of documents on members, interested people and occupiers
s 80	am A2002‑30 amdt 3.926, amdt 3.927
Decision-making by owners corporations
pt 6 hdg	om A2011‑41 amdt 5.43
Executive committee
div 6.1 hdg	om A2011‑41 amdt 5.43
Executive committee—establishment
s 81	om A2011‑41 amdt 5.43
Executive committee—functions
s 82	am A2008‑45 s 25; ss renum R13 LA
	om A2011‑41 amdt 5.43
Executive committee—before the first annual general meeting
s 83	am A2008‑45 s 26
	om A2011‑41 amdt 5.43
Executive committee—after the first annual general meeting
s 84	am A2008‑45 s 27, s 28
	om A2011‑41 amdt 5.43
Meetings of executive committee
s 85	om A2011‑41 amdt 5.43
Quorum of executive committee
s 86	om A2011‑41 amdt 5.43
Executive committee—office-holders
s 87	sub A2008‑45 s 29
	om A2011‑41 amdt 5.43
Executive committee—chairperson’s functions
s 87A	ins A2008‑45 s 29
	om A2011‑41 amdt 5.43
Executive committee—secretary’s functions
s 87B	ins A2008‑45 s 29
	om A2011‑41 amdt 5.43
Executive committee—treasurer’s functions
s 87C	ins A2008‑45 s 29
	om A2011‑41 amdt 5.43
Voting of executive committee
s 88	om A2011‑41 amdt 5.43
Decisions about staged development
s 88A	ins A2005‑37 s 20
	om A2011‑41 amdt 5.43
Decisions about use of common property
s 88B	ins A2008‑45 s 30
	om A2011‑41 amdt 5.43
Decisions about taking legal action
s 88C	ins A2008‑45 s 30
	om A2011‑41 amdt 5.43
Taking urgent legal action
s 88D	ins A2008‑45 s 30
	om A2011‑41 amdt 5.43
Delegation by executive committee
s 89	sub A2002‑30 amdt 3.928
	om A2011‑41 amdt 5.43
Contractors and employees
s 90	sub A2008‑45 s 31
	om A2011‑41 amdt 5.43
Minutes, records and accounts
s 91	am A2002‑56 amdt 3.75
Validity of acts of executive committee
s 92	om A2011‑41 amdt 5.43
General meetings
div 6.2 hdg	om A2011‑41 amdt 5.43
Conduct of general meetings
s 93	om A2011‑41 amdt 5.43
Annual general meetings
s 94	om A2011‑41 amdt 5.43
First annual general meeting
s 95	am A2008‑45 s 32, s 33
	(3)-(5) exp 30 September 2009 (s 95 (5) (LA s 88 declaration applies))
	om A2011‑41 amdt 5.43
First annual general meeting—developer to deliver records
s 95A	ins A2008‑45 s 34
	om A2011‑41 amdt 5.43
General meetings other than annual general meetings
s 96	om A2011‑41 amdt 5.43
Notice of general meetings
s 97	om A2011‑41 amdt 5.43
Defective notice of meetings
s 98	om A2011‑41 amdt 5.43
Quorum at a general meeting—owners corporation with 3 or more members
s 99	om A2011‑41 amdt 5.43
Notice of reduced quorum decisions and adjournments
s 100	am A2001‑44 amdt 1.4158, amdt 1.4159
	om A2011‑41 amdt 5.43
Reduced quorum decisions—effect
s 101	om A2011‑41 amdt 5.43
Quorum at a general meeting—owners corporation with 2 members
s 102	am A2008‑45 s 35
	om A2011‑41 amdt 5.43
Chairperson at a general meeting
s 103	om A2011‑41 amdt 5.43
Resolutions at general meetings
div 6.3 hdg	om A2011‑41 amdt 5.43
Decision-making at general meetings
s 104	om A2011‑41 amdt 5.43
Ordinary resolutions 
s 105	om A2011‑41 amdt 5.43
Special resolutions
s 106	om A2011‑41 amdt 5.43
Unopposed resolutions
s 107	om A2011‑41 amdt 5.43
Unanimous resolutions
s 108	om A2011‑41 amdt 5.43
Evidence of resolutions of owners corporation
s 109	om A2011‑41 amdt 5.43
Voting at general meetings
div 6.4 hdg	om A2011‑41 amdt 5.43
Who is entitled to vote?
s 110	om A2011‑41 amdt 5.43
Decisions about staged development
s 110A	ins A2005‑37 s 21
	om A2011‑41 amdt 5.43
One vote—1 unit 
s 111	om A2011‑41 amdt 5.43
Voting by mortgagees
s 112	om A2011‑41 amdt 5.43
Mortgagee voting notice—amendment and revocation
s 113	am A2002‑30 amdt 3.929
	om A2011‑41 amdt 5.43
Evidence of mortgagee’s entitlement to vote
s 114	om A2011‑41 amdt 5.43
Proxy votes
s 115	am A2008‑45 s 36
	om A2011‑41 amdt 5.43
Proxy votes—limit on developer
s 115A	ins A2008‑45 s 37
	om A2011‑41 amdt 5.43
Value of votes
s 116	sub A2005‑20 amdt 3.450
	om A2011‑41 amdt 5.43
Polls
s 117	om A2011‑41 amdt 5.43
Voting by chairperson
s 118	om A2011‑41 amdt 5.43
Owners corporations with only 2 members—votes divided
s 119	om A2008‑45 s 38
Absentee votes—unopposed and unanimous resolutions
s 120	om A2011‑41 amdt 5.43
People under 18 or under other legal disabilities
s 121	am A2002‑30 amdt 3.930
	om A2011‑41 amdt 5.43
Declaration by chairperson of result of voting
s 122	om A2011‑41 amdt 5.43
Dispute resolution
div 6.5 hdg	sub A2008‑45 s 39
	om A2011‑41 amdt 5.43
What is an ACAT dispute?
s 123	sub A2008‑45 s 39
	om A2011‑41 amdt 5.43
Who may apply to the ACAT?
s 124	sub A2008‑45 s 39
	om A2011‑41 amdt 5.43
Kinds of ACAT orders
s 125	sub A2008‑45 s 39
	om A2011‑41 amdt 5.43
Owners corporation articles
pt 7 hdg	om A2011‑41 amdt 5.43
What are the articles of an owners corporation?
s 126	sub A2008‑45 s 40
	om A2011‑41 amdt 5.43
Effect of articles
s 127	am A2008‑9 amdt 1.3
	om A2011‑41 amdt 5.43
Amendment of articles
s 128	am A2008‑45 s 41; ss renum R13 LA
	om A2011‑41 amdt 5.43
Breach of articles—article infringement notice
s 129	sub A2008‑45 s 42
	om A2011‑41 amdt 5.43
Breach of articles—failure to comply with article infringement notice
s 129A	ins A2008‑45 s 42
	om A2011‑41 amdt 5.43
Breach of articles—request for article infringement notice
s 129B	ins A2008‑45 s 42
	om A2011‑41 amdt 5.43
Application of Legislation Act
s 130 hdg	sub A2001‑56 amdt 3.859
s 130	am A2001‑56 amdt 3.860
	om A2011‑41 amdt 5.43
Implied warranties
pt 7A hdg	ins A2008‑45 s 43
	reloc to Civil Law (Property) Act 2006 div 2.9.3 hdg by A2011‑41 amdt 5.47
Meaning of implied warranties—div 2.9.3
s 130A hdg	am A2011‑41 amdt 5.44
s 130A	ins A2008‑45 s 43
	am A2011‑41 amdt 5.45
	reloc to Civil Law (Property) Act 2006 s 261 by A2011‑41 amdt 5.47
Purpose—div 2.9.3
s 130B hdg	am A2011‑41 amdt 5.44
s 130B	ins A2008‑45 s 43
	am A2011‑41 amdt 5.45
	reloc to Civil Law (Property) Act 2006 s 262 by A2011‑41 amdt 5.47
Implied warranties and right to cancel—effect
s 130C	ins A2008‑45 s 43
	am A2011‑41 amdt 5.45
	reloc to Civil Law (Property) Act 2006 s 263 by A2011‑41 amdt 5.47
Implied warranties
s 130D	ins A2008‑45 s 43
	reloc to Civil Law (Property) Act 2006 s 264 by A2011‑41 amdt 5.47
Cancellation of contract
s 130E	ins A2008‑45 s 43
	reloc to Civil Law (Property) Act 2006 s 265 by A2011‑41 amdt 5.47
Claim for compensation
s 130F	ins A2008‑45 s 43
	am A2011‑41 amdt 5.46
	reloc to Civil Law (Property) Act 2006 s 266 by A2011‑41 amdt 5.47
Insurance
pt 8 hdg	om A2011‑41 amdt 5.48
Public liability insurance by owners corporation
s 131	om A2011‑41 amdt 5.48
Building insurance by owners corporation
s 132	am A2005‑37 s 22
	om A2011‑41 amdt 5.48
Exemptions from building insurance requirements
s 133	om A2011‑41 amdt 5.48
Mortgage insurance of unit
s 134	om A2011‑41 amdt 5.48
Payment under mortgage insurance policies
s 135	om A2011‑41 amdt 5.48
Transfer of mortgagee’s interest to insurer
s 136	om A2011‑41 amdt 5.48
Application of insurance money by owners corporation
s 137	am A2008‑45 s 53
	om A2011‑41 amdt 5.48
Additional insurance—owners corporation
s 138	om A2011‑41 amdt 5.48
Additional insurance—unit owners
s 139	om A2011‑41 amdt 5.48
Administrators
pt 9 hdg	om A2011‑41 amdt 5.48
Interested parties
div 9.1 hdg	om A2011‑41 amdt 5.48
Who may apply for an administration order?
s 140	am A2008‑45 s 53; A2011‑22 amdt 1.451
	om A2011‑41 amdt 5.48
ACAT appearances and service of applications
s 141 hdg	am A2008‑45 s 53
s 141	am A2008‑45 s 53; A2011‑22 amdt 1.451
	om A2011‑41 amdt 5.48
Interested parties
div 9.2 hdg	om A2011‑41 amdt 5.48
Appointment, removal and functions
s 142	am A2002‑30 amdt 3.931; A2008‑45 s 53
	om A2011‑41 amdt 5.48
Removal or replacement of administrator
s 143	am A2008‑45 s 53
	om A2011‑41 amdt 5.48
Functions of administrator
s 144	am A2008‑45 s 53
	om A2011‑41 amdt 5.48
Delegation by administrator
s 145	sub A2002‑30 amdt 3.932
	om A2011‑41 amdt 5.48
Unit entitlement authority—grant
s 146	am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75; A2008‑45 s 44
Boundary authority—grant
s 149	am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75
Boundary authorities—registration
s 151	am A2007‑25 amdt 1.187
Building damage orders—right of appearance
s 153	am A2008‑45 s 53; A2011‑22 amdt 1.451; A2011‑41 amdt 5.49, amdt 5.50
Provisional building damage order—application
s 154	am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.68, amdt 3.69, amdt 3.75; A2005‑25 s 4; A2007‑25 amdt 1.188; A2008‑45 s 53
Provisional building damage order—approval of scheme
s 155	am A2002‑56 amdt 3.75; A2008‑45 s 53
Provisional building damage order—period of effect
s 156	am A2008‑45 s 45
Final building damage order—amendment of units plan
s 157	am A2008‑45 s 53
Final building damage order—period of effect
s 158	am A2008‑45 s 46
Final building damage order—registration
s 159	am A2007‑25 amdt 1.189
Cancellation authority—grant by planning and land authority
s 160 hdg	sub A2005‑25 s 5
s 160	am A2001‑44 amdt 1.4160; A2002‑56 amdt 3.75; A2005‑25 ss 6-8; ss renum R6 LA (see A2005‑25 s 9)
Cancellation authority—period of effect
s 161 hdg	sub A2005‑25 s 10
Cancellation orders
div 11.2 hdg	om A2005‑25 s 12
	ins A2005‑25 s 11
Cancellation orders—Supreme Court powers
s 161A	ins A2005‑25 s 11
Cancellation orders—provisional orders
s 161B	ins A2005‑25 s 11
Cancellation orders—after provisional order is made
s 161C	ins A2005‑25 s 11
Cancellation orders—right of appearance
s 161D	ins A2005‑25 s 11
	am A2011‑22 amdt 1.451; A2011‑41 amdt 5.51, amdt 5.52
Effects of cancellation
div 11.3 hdg	ins A2005‑25 s 12
Cancellation of units plan—effects
s 162	am A2005‑25 s 13
Cancellation of units plan—new lease over parcel
s 163	am A2002‑56 amdt 3.75; A2005‑25 s 14
Dissolution of owners corporation—Supreme Court powers
s 165 hdg	sub A2005‑25 s 15
s 165	am A2005‑25 s 16, s 17, s 19; pars renum R6 LA (see A2005‑25 s 18); A2011‑22 amdt 1.451; A2011‑41 amdt 5.53, amdt 5.54
Changing 2-unit units plans to subdivisions
pt 11A hdg	ins A2008‑45 s 47
Application—pt 11A
s 165A	ins A2008‑45 s 47
Subdivision of units plan—application
s 165B	ins A2008‑45 s 47
Variation or surrender of leases
pt 12 hdg	sub A2011‑41 amdt 5.55
Variation of leases
div 12.1 hdg	ins A2011‑41 amdt 5.55
Development applications to vary lease under Planning and Development Act
s 166 hdg	sub A2007‑25 amdt 1.190
s 166	am A2002‑56 amdt 3.75; A2007‑25 amdt 1.191, amdt 1.192
Lease variation—amendment of schedule of unit entitlement
s 167	sub A2002‑56 amdt 3.70
Surrender of leases in units
div 12.2 hdg	ins A2011‑41 amdt 5.56
Surrender of leases in units
s 167A	(prev s 49A) ins A2010‑50 amdt 1.53
	reloc and renum as s 167A A2011‑41 amdt 5.42
Dissolution of owners corporation on lease expiry—Supreme Court powers
s 169 hdg	sub A2005‑25 s 20
s 169	am A2005‑25 s 21, s 22, s 24; pars renum R6 LA (see A2005‑25 s 23); A2011‑22 amdt 1.451; A2011‑41 amdt 5.57, amdt 5.58
Effect of termination of unit lease
s 170	am A2002‑56 amdt 3.71, amdt 3.76; A2007‑25 amdt 1.193
New unit lease
s 171	am A2002‑56 amdt 3.75; A2007‑25 amdts 1.194-1.196
New unit lease—schedule of unit entitlement
s 172	am A2007‑25 amdt 1.197, amdt 1.198
Notification and review of decisions
pt 14 hdg	sub A2008‑37 amdt 1.505
Definitions—pt 14
s 173	am A2002‑56 amdt 3.72, amdt 3.75
	sub A2008‑37 amdt 1.505
	def internally reviewable decision ins A2008‑37 amdt 1.505
	def internal reviewer ins A2008‑37 amdt 1.505
	def internal review notice ins A2008‑37 amdt 1.505
	def reviewable decision ins A2008‑37 amdt 1.505
Internal review notices
s 173A	ins A2008‑37 amdt 1.505
Objections
s 174	am A2002‑56 amdt 3.75
	sub A2008‑37 amdt 1.505
Internal reviewer
s 174A	ins A2008‑37 amdt 1.505
Review by internal reviewer
s 175	am A2002‑56 amdt 3.75
	sub A2008‑37 amdt 1.505
Reviewable decision notices
s 176	sub A2008‑37 amdt 1.505
Effect of decision to allow objection
s 177	sub A2008‑37 amdt 1.505
Applications for review
s 177A	ins A2008‑37 amdt 1.505
Removal of matters from ACAT to Supreme Court
s 178 hdg	am A2008‑45 s 53
s 178	am A2008‑45 s 53
	om A2011‑41 amdt 5.59
Determination of fees
s 179	sub A2001‑44 amdt 1.4161
	am A2006‑42 amdt 3.211; A2011‑41 amdt 5.60
Approved forms
s 180	sub A2001‑44 amdt 1.4161
	am A2002‑30 amdt 3.933; A2002‑56 amdt 3.75; A2006‑42 amdt 3.211
Regulation-making power
s 181	sub A2001‑44 amdt 1.4161
	am A2010‑8 s 19
Repeals and transitional
pt 16 hdg	exp 5 April 2003 (s 194)
Definitions for pt 16
s 182	exp 5 April 2003 (s 194)
Repeal of Unit Titles Act 1970 and Unit Titles Regulations
s 183	om LA s 89 (3)
Units plans, corporations and committees
s 184	exp 5 April 2003 (s 194)
Mixed class A and class B unit title proposals
s 185	exp 5 April 2003 (s 194)
Transitional unit title proposals
s 186	exp 5 April 2003 (s 194)
Transitional unit title approvals
s 187	exp 5 April 2003 (s 194)
Representatives—multiply-owned units and company-owned units
s 188	exp 5 April 2003 (s 194)
General meetings notified before commencement day
s 189	exp 5 April 2003 (s 194)
Finances of transitional corporations
s 190	exp 5 April 2003 (s 194)
Work on behalf of unit owners
s 191	exp 5 April 2003 (s 194)
Articles
s 192	exp 5 April 2003 (s 194)
Insurance
s 193	exp 5 April 2003 (s 194)
Expiry of pt 16
s 194	sub A2002‑30 amdt 3.934
	exp 5 April 2003 (s 194)
Transitional—Unit Titles Amendment Act 2008 (No 2)
pt 20 hdg	ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Definitions—pt 20
s 250	ins A2008‑45 s 48
	def commencement day ins A2008‑45 s 48
	def pre-amendment Act ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—unit title application for 2-unit units plan
s 251	ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional regulations
s 252	ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 253	ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Expiry—pt 20
s 254	ins A2008‑45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—Construction Occupations Legislation Amendment Act 2010
pt 25 hdg	ins A2010‑8 s 20
	exp 3 September 2015 (s 303)
Meaning of commencement day—pt 25
s 300	ins A2010‑8 s 20
	exp 3 September 2015 (s 303)
Transitional—unit title applications lodged before commencement day
s 301	ins A2010‑8 s 20
	exp 3 September 2015 (s 303)
Transitional regulations—pt 25
s 302	ins A2010‑8 s 20
	exp 3 September 2015 (s 303)
Expiry—pt 25
s 303	ins A2010‑8 s 20
	exp 3 September 2015 (s 303)
Reviewable decisions
sch 1 hdg	sub A2008‑37 amdt 1.506
sch 1	am A2006‑42 amdt 3.212; A2008‑37 amdt 1.507
Dictionary
dict	am A2002‑30 amdt 3.935; A2006‑42 amdt 3.213; A2008‑37 amdt 1.508; A2008‑45 s 49; A2009‑49 amdt 3.206; A2011‑22 amdt 1.452; A2011‑41 amdt 5.61
	def ACAT dispute ins A2008‑45 s 50
	om A2011‑41 amdt 5.62
	def address for correspondence sub A2011‑41 amdt 5.63
	def administration order om A2011‑41 amdt 5.64
	def administrative fund om A2011‑41 amdt 5.64
	def administrator sub A2011‑41 amdt 5.65
	def annexed sub A2005‑20 amdt 3.451
	def appoint ins A2008‑45 s 50
	def article ins A2005‑20 amdt 3.452
	om A2011‑41 amdt 5.66
	def attachment ins A2008‑9 s 9
	def building and development provision ins A2007‑25 amdt 1.199
	def cancellation dissolution order sub A2005‑25 s 25
	def cancellation order ins A2005‑25 s 26
	def communications officer ins A2008‑45 s 50
	om A2011‑41 amdt 5.66
	def company sub A2011‑41 amdt 5.67
	def company representative om A2005‑20 amdt 3.453
	def contribution om A2011‑41 amdt 5.68
	def corporate register sub A2011‑41 amdt 5.69
	def deadlock order om A2011‑41 amdt 5.70
	def default articles sub A2008‑45 s 51
	om A2011‑41 amdt 5.70
	def developer ins A2008‑45 s 52
	def developer control period ins A2008‑45 s 52
	om A2011‑41 amdt 5.70
	def development covenant om A2007‑25 amdt 1.200
	def development statement sub A2002‑56 amdt 3.74
	def eligible person am A2002‑56 amdt 3.75
	om A2011‑41 amdt 5.70
	def encroachment ins A2008‑9 s 9
	def entitled to vote sub A2005‑20 amdt 3.454; A2011‑41 amdt 5.71
	def executive committee om A2011‑41 amdt 5.72
	def executive member sub A2011‑41 amdt 5.73
	def expiry dissolution order sub A2005‑25 s 27
	def financial year om A2011‑41 amdt 5.74
	def financier ins A2008‑45 s 52
	om A2011‑41 amdt 5.74
	def full name om A2011‑41 amdt 5.74
	def general fund om A2011‑41 amdt 5.74
	def general funds budget om A2011‑41 amdt 5.74
	def GST om A2005‑20 amdt 3.455
	def implied warranties ins A2008‑45 s 52
	om A2011‑41 amdt 5.74
	def initial sinking fund plan ins A2008‑45 s 52
	om A2011‑41 amdt 5.74
	def interested non-voter am A2011‑41 amdt 5.75
	def interested party om A2011‑41 amdt 5.76
	def internally reviewable decision ins A2008‑37 amdt 1.509
	def internal reviewer ins A2008‑37 amdt 1.509
	def internal review notice ins A2008‑37 amdt 1.509
	def Land Act om A2007‑25 amdt 1.201
	def lease am A2007‑25 amdt 1.202
	def manager ins A2008‑45 s 52
	om A2011‑41 amdt 5.76
	def member ins A2011‑41 amdt 5.77
	def mortgage sub A2011‑41 amdt 5.78
	def mortgagee sub A2011‑41 amdt 5.78
	def mortgagee’s representative om A2005‑20 amdt 3.455
	ins A2011‑41 amdt 5.80
	def mortgagee voting notice om A2011‑41 amdt 5.81
	def mortgage insurance policy om A2011‑41 amdt 5.79
	def ordinary resolution sub A2011‑41 amdt 5.82
	def owners corporation sub A2011‑41 amdt 5.82
	def part-owner sub A2011‑41 amdt 5.83
	def proportional share om A2011‑41 amdt 5.84
	def public place ins A2008‑9 s 9
	def reduced quorum om A2011‑41 amdt 5.84
	def reduced quorum decision om A2011‑41 amdt 5.84
	def representative om A2011‑41 amdt 5.84
	def reviewable decision sub A2008‑37 amdt 1.510
	def schedule of unit entitlement sub A2005‑20 amdt 3.456
	def secretary ins A2008‑45 s 52
	om A2011‑41 amdt 5.84
	def service contract ins A2008‑45 s 52
	om A2011‑41 amdt 5.84
	def service contractor ins A2008‑45 s 52
	om A2011‑41 amdt 5.84
	def sinking fund om A2011‑41 amdt 5.84
	def sinking fund expenditure ins A2008‑45 s 52
	om A2011‑41 amdt 5.84
	def sinking fund plan ins A2008‑45 s 52
	om A2011‑41 amdt 5.84
	def special purpose fund om A2011‑41 amdt 5.84
	def special resolution sub A2011‑41 amdt 5.85
	def standard quorum om A2011‑41 amdt 5.86
	def termination sub A2007‑25 amdt 1.203
	def total sinking fund amount om A2011‑41 amdt 5.86
	def treasurer ins A2008‑45 s 52
	om A2011‑41 amdt 5.86
	def unanimous resolution sub A2011‑41 amdt 5.87
	def unit owners’ representative om A2005‑20 amdt 3.457
	def units plan sub A2005‑20 amdt 3.458
	def unit title assessment report ins A2010‑8 s 21
	def unit title assessor ins A2010‑8 s 21
	def unit title certificate om A2011‑41 amdt 5.88
	def unopposed resolution sub A2011‑41 amdt 5.89
	def utility services am A2011‑41 amdt 5.90
	def voting value om A2011‑41 amdt 5.91

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1*
5 Oct 2001	5 Oct 2001–
9 Mar 2002	A2001‑58	new Act and amendments by A2001‑44 and A2001‑56	
R1 (RI)
27 Sept 2002	5 Oct 2001–
9 Mar 2002	A2001‑58	reissue for retrospective amendments by A2002‑30	
R2*
10 Mar 2002	10 Mar 2002–
16 Sept 2002	A2001‑58	amendments by A2001‑58	
R2 (RI)
27 Sept 2002	10 Mar 2002–
16 Sept 2002	A2001‑58	reissue for retrospective amendments by A2002‑30	
R3
27 Sept 2002	17 Sept 2002–
5 Apr 2003	A2002‑30	amendments by A2002‑30	
R4
7 Apr 2003	6 Apr 2003–
30 June 2003	A2002‑56	commenced expiry	
R5
1 July 2003	1 July 2003–
11 May 2005	A2002‑56	amendments by A2002‑56	
R6
12 May 2005	12 May 2005–
1 June 2005	A2005‑25	amendments by A2005‑25	
R7
2 June 2005	2 June 2005–
13 Sept 2005	A2005‑25	amendments by A2005‑20	
R8*
14 Sept 2005	14 Sept 2005–
15 Nov 2006	A2005‑37	amendments by A2005‑37	
R9
16 Nov 2006	16 Nov 2006–
30 Mar 2008	A2006‑42	amendments by A2006‑42	
R10
31 Mar 2008	31 Mar 2008–
17 Apr 2008	A2007‑25	amendments by A2007‑25	
R11
18 Apr 2008	18 Apr 2008–
1 Feb 2009	A2008‑9	amendments by A2008‑9	
R12
2 Feb 2009	2 Feb 2009–
30 Mar 2009	A2008‑45	amendments by A2008‑37 and A2008‑45	
R13
31 Mar 2009	31 Mar 2009–
30 June 2009	A2008‑45	amendments by A2008‑45	
R14
1 July 2009	1 July 2009–
9 Sept 2009	A2008‑45	amendments by A2008‑45	
R15
10 Sept 2009	10 Sept 2009–
30 Sept 2009	A2008‑45	amendments by A2008‑45	
R16*
1 Oct 2009	1 Oct 2009–
16 Dec 2009	A2008‑45	commenced expiry	
R17
17 Dec 2009	17 Dec 2009–
2 Sept 2010	A2009‑49	amendments by A2009‑49	
R18
3 Sept 2010	3 Sept 2010–
20 Dec 2010	A2010‑24	amendments by A2010‑8 and A2010‑24	
R19
21 Dec 2010	21 Dec 2010–
31 Mar 2011	A2010‑50	amendments by A2010‑50	
R20
1 Apr 2011	1 Apr 2011–
30 June 2011	A2010‑50	expiry of provision (s 62 (4)-(6))	
R21
1 July 2011	1 July 2011–
6 July 2011	A2011‑22	amendments by A2011‑19 and A2011‑22	
R22
7 July 2011	7 July 2011–
29 Mar 2012	A2011‑23	amendments by A2011‑23	
R23
30 Mar 2012	30 Mar 2012–
28 May 2012	A2011‑41	relocation of provisions to Civil Law (Property) Act 2006 and other amendments by A2011‑41	

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