Australian Capital Territory
Unit Titles Amendment Act 2008
A2008-9
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Unit title applications—general requirements 
Section 17 (5)	2
	5	Unit title applications—approval 
New section 20 (1) (d)	3
	6	Section 20 (7), new definition of authorised existing attachment	3
	7	Endorsement of units plan for registration 
Section 27 (1) (a)	4
	8	New division 4.3	4
	9	Dictionary, new definitions	7
Schedule 1	Other amendments	7

Australian Capital Territory
Unit Titles Amendment Act 2008
A2008-9

An Act to amend the Unit Titles Act 2001

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Unit Titles Amendment Act 2008.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Unit Titles Act 2001.
4	Unit title applications—general requirements 
Section 17 (5)
substitute
	(5)	The application must include—
	(a)	a certificate from a registered surveyor describing the degree to which any building (including an attachment to a building) on, or being constructed on, the parcel is situated in accordance with the application; and
	(b)	if any existing or proposed attachment to a building on the parcel encroaches, or would encroach, on a public place—a plan prepared by a registered surveyor that shows—
	(i)	the nature and extent of the encroachment; and
	(ii)	whether the encroachment is for use with a unit or the common property; and
	(iii)	if the encroachment is for use with a unit—the unit to which the encroachment relates.
Note	Attachment, encroachment and public place—see the dictionary.
5	Unit title applications—approval 
New section 20 (1) (d)
insert
	(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 (7).
	(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.
6	Section 20 (7), new definition of authorised existing attachment
insert
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.
7	Endorsement of units plan for registration 
Section 27 (1) (a)
substitute
	(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)); 
8	New division 4.3
insert
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 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.
9	Dictionary, new definitions
insert
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.
encroachment includes a projection at, above or below ground level.
public place—see the Roads and Public Places Act 1937, dictionary.

Schedule 1	Other amendments
(see s 3)
[1.1]	Section 11 (2), note
omit
any projection or encroachment, whether above or below ground level
substitute
any encroachment, whether at, above or below ground level
[1.2]	Sections 18 (2) and 19 (3)
omit
any projection above, or encroachment below, ground level
substitute
any encroachment at, above or below ground level
[1.3]	Section 127 (4)
omit
section 7
substitute
section 8

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 6 December 2007.
2	Notification
	Notified under the Legislation Act on 17 April 2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Unit Titles Amendment Bill 2008, which originated in the Legislative Assembly as the Unit Titles Amendment Bill 2007 and was passed by the Assembly on 8 April 2008. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2008