2002

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

COMMUNITY TITLE REGULATIONS 2002

EXPLANATORY STATEMENT

Circulated by authority of 

Simon Corbell MLA
Minister for Planning

AUSTRALIAN CAPTIAL TERRITORY

COMMUNITY TITLE REGULATIONS 2002

SUBORDINATE LAW No.  SL 2002- 4

EXPLANATORY STATEMENT

Overview

The Community Title Regulations 2002 (the regulations) are made under section 98 of the Community Title Act 2001 (the Act).  The regulations will commence on the commencement of the Act, 10 March 2002.  The Regulations provide additional requirements to be lodged with applications under section 6 of the Act.  The regulations set out a number of administrative requirements for the approval and management of community title schemes.

Details

Regulation 1 – Name of regulations – provides that the regulations are the Community Title Regulations 2002.

Regulation 2 – Commencement – provides that the regulations commence on the commencement of the Community Title Act 2001.

Regulation 3– Meaning of GST – clarifies references to the GST for the purposes of the regulations.

Regulation 4 – Notes – notes in the regulations are explanatory, and not part of the regulations.

Regulation 5 – Sketch – Act, s 6 (b) – the sketch included in the master plan must show the colours, texture for external surfaces of a building in a community title scheme and any landscaping required by the scheme.

Regulation 6 – Additional information to be included in site plans – Act, s 6 (d) – in addition to the requirements specified in s 6 (d) of the Act, a site plan must show the lot number of each lot of the scheme, the distances of each building on a lot from the boundaries of the lot, the proposed distances of each building from the boundaries of the lot, each road, body of water or area within the boundaries of the scheme.  The site plan must be drawn to scale and show the direction of north.

Regulation 7 – Management Statement – Act, s 7 (j) – sets out the dispute resolution requirements to be included in management statements.

Regulation 8 – Public liability insurance of body corporate – Act, s 38 (2) – provides that the total amount of public liability insurance for a community title scheme must not be less than $20 000 000.

Regulation 9 – Exemption from building insurance requirements – the Act, s 39 (2) – provides that a body corporate may exempt itself from the requirement to take out building insurance if the replacement value of all buildings on the common property is less than $10 000.

Regulation 10 – Community title certificate and access to body corporate records – Act, s 56 (3) – provides that a body corporate may charge a fixed fee of $70 (plus any GST payable in relation to the amount) for a community title certificate, or to inspect body corporate books, records or documents, or both.

Financial Implications
Nil