AUSTRALIAN CAPITAL TERRITORY

Land Titles (Unit Titles) Act 1970
No 32
Republication No 2D
As in force on 26 July 2001
Includes all amendments up to Act 2001 No 17
Not all amendments are in force:  see last endnote

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
26 July 2001

AUSTRALIAN CAPITAL TERRITORY

Land Titles (Unit Titles) Act 1970
CONTENTS
	Page 
Part 1—Preliminary
	17	Short title	1
	27	Commencement	1
	57	Interpretation	1
	67	Incorporation with the Land Titles Act 1925	2
	77	When units plan and other instruments deemed to be registered	2
Part 2—Registration of Units Plans7
	87	Formal requirements	3
	97	Registration of units plan	3
	107	Effect of registration of units plan on interests in parcel	3
	10A	Easements—subdivision of dominant tenement	4
	117	Duties of Registrar-General after registration of units plan	5
art 2A—registration of interests declared by owners corporations7
Part 3—Cancellation and Alteration of Units Plans7
	127	Registration of order for cancellation of units plan	7
	137	Effect of cancellation of units plan	7
	147	Duties of Registrar-General upon registration of order	8
	157	Registration of order for alteration of units plan	9
	167	Duties of Registrar-General on registration of order for alteration of units plan	9
	177	Registrar-General to give notice of cancellation or alteration of units plan	9
art 3A—reissue of units plans7
Part 4—Determination and Expiry of Leases7
	187	Registration of determination of lease	11
	197	Cancellation of memorials made under section 18	11
	20	Registrar-General to enter expiry of lease in Register	11
part 5—miscellaneous
	217	Change of address for service of documents	12
	227	Registration of alteration of articles	12
	237	Registrar-General to register appointment etc of administrator	12
	247	No dealings while application for cancellation or alteration of units plan is pending	12
	257	Registration of instruments granting further leases	13
	267	Withdrawal of units plan	13
	277	Provisions applicable in relation to trusts	13
	287	Delivery to Registrar-General of certificates of title	14
	SCHEDULE 17	15
site plan
	SCHEDULE 27
	REQUIREMENTS IN RELATION TO UNITS PLANS	24
	ENDNOTES
	1	About this republication	26
	2	About the republished Act	26
	3	Abbreviation key	26
	4	Table of legislation	27
	5	Table of amendments	28
	6	Table of earlier republications	30
	7	Uncommenced amendments	30

As in force on
26 July 2001

AUSTRALIAN CAPITAL TERRITORY

Land Titles (Unit Titles) Act 1970
An Act to provide for the registration of unit titles and for other
purposes
Part 1—Preliminary
17 	Short title
	This Act may be cited as the Land Titles (Unit Titles) Act
1970.
27 	Commencement
	This Act shall come into operation on a date to be fixed by the Minister of State for the Interior by notice published in the Gazette.1
57 	Interpretation
(1)		In this Act—
graphic bar scale means a set of marks on a plan, at measured distances on a line, which indicates the scale to which the plan is drawn.
the Principal Act means the Land Titles Act 1925.
(2)		Where an expression used in this Act is defined in the Unit Titles Act 1970, that expression as so used has the same meaning as in that Act.
(3)		A reference in this Act to a form by number shall be read as a reference to the form so numbered in Schedule 1.
67 	Incorporation with the Land Titles Act 1925
(1)		This Act is incorporated and shall be read as one with the Principal Act.
(2)		A units plan and every other document or instrument lodged with the Registrar-General under this Act shall, for the purposes of the Principal Act, be deemed to be an instrument affecting land.
(3)		Paragraph 48 (1A) (a) of the Principal Act does not apply to or in relation to a units plan or any other document or instrument lodged with the Registrar-General under this Act.
(4)		Subsection 48 (1B), and section 67, of the Principal Act do not apply to or in relation to a units plan or any copy of a court order lodged with the Registrar-General under this Act.
77 	When units plan and other instruments deemed to be registered
	For the purposes of the Principal Act and of this Act—
	(a)	a units plan shall be deemed to be registered when the Registrar-General has endorsed on it the date and time of registration and the number allotted to it; and
	(b)	every document or instrument (other than a units plan) lodged with the Registrar-General under this Act shall be deemed to be registered when a memorial relating to the document or instrument is endorsed on or annexed to the units plan.

Part 2—Registration of Units Plans7
87 	Formal requirements
	A units plan shall be in accordance with—
	(a)	forms 1, 2, 3, 4 and 5 or such of those forms as are applicable in the circumstances of the case, or a form approved by the Registrar-General; and
	(b)	the requirements set out in Schedule 2.
97 	Registration of units plan
(1)		The Registrar-General shall, on the lodgment with him or her within the period referred to in section 23 of the Unit Titles Act 1970 of—
	(a)	an application in accordance with form 6; and
	(b)	3 copies of the units plan complying with section 8 and endorsed by the Minister under section 22 of that Act; and
	(c)	the duplicate lease of, or the duplicate certificate of title for, the relevant parcel; and
	(d)	the written consent, in accordance with form 7, to the registration of the units plan of every person having a registered estate or interest in the lease of the parcel; and
	(e)	the duplicate copy of every instrument evidencing or creating such an estate or interest;
register the units plan.
(2)		On the registration of the units plan, the Registrar-General shall deliver 1 copy to the applicant and 1 copy to the administrative head.
107 	Effect of registration of units plan on interests in parcel
(1)		If, immediately before the registration of a units plan, a person was the registered proprietor of a mortgage of the lease of the parcel, he or she shall be deemed to be, on the registration of the units plan, the registered proprietor of a mortgage of the lease of each unit, as if—
	(a)	on the date on which the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the lessee of all the units and that memorandum had been executed by him or her accordingly; and
	(b)	the firstmentioned mortgage had been a mortgage of all the leases of the units and not of the lease of the parcel.
(2)		If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over portion of the parcel, he or she shall be deemed to be, on the registration of the units plan, the registered proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the firstmentioned easement, as if—
	(a)	on the date on which the memorandum creating the firstmentioned easement was executed, the lessee of the parcel on that date had been the lessee of the common property and the unit or units, as the case may be, and that memorandum had been executed by him or her accordingly; and
	(b)	the firstmentioned easement had been an easement over the common property or the unit or units, as the case may be, and not over that portion of the parcel.
(3)		On and after the registration of a units plan, the memorandum of mortgage referred to in subsection (1) and the memorandum of easement referred to in subsection (2) and any instrument or other document relating to the lease of the parcel or to that mortgage or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1) and (2).
10A 	Easements—subdivision of dominant tenement
(1) 	This section applies if—
	(a)	a units plan is registered in relation to a parcel of land; and
	(b)	immediately before the registration, an easement subsisted for the benefit of the parcel.
(2) 	On and after the registration, the easement continues to subsist, as far as it is capable of doing so, for the benefit of each unit in the units plan.
117 	Duties of Registrar-General after registration of units plan
	Immediately after the registration of a units plan, the Registrar-General shall—
	(a)	cancel the lease of, or certificate of title for, the parcel and the duplicate of that lease or certificate; and
	(b)	issue, in accordance with form 8, a certificate of title for each unit to the person who, by force of paragraph 25 (1) (b) of the Unit Titles Act 1970, is the lessee of the unit; and
	(c)	issue to the relevant corporation a certificate of title for the common property in accordance with form 9; and
	(d)	enter on each certificate of title so issued a memorial of any mortgage or easement to which, by force of section 10, the lease is subject and, if it is subject to 2 or more mortgages or easements, enter the memorials in such manner as to preserve their priority.

Part 2A—registration of interests declared by owners corporations7
11A-11E7	*	*	*	*	*	*	*	*	*

Part 3—Cancellation and Alteration of Units Plans7
127 	Registration of order for cancellation of units plan
	On the lodgment with the Registrar-General of an office copy of a final order made by the court under section 97 of the Unit Titles Act 1970 for the cancellation of a units plan, the Registrar-General shall register the order.
137 	Effect of cancellation of units plan
(1)		If, immediately before the registration of an order for the cancellation of a units plan, a person was the registered proprietor of a mortgage of the lease of a unit, that person shall be deemed to be, on the registration of the order, the registered proprietor of a mortgage of the share in the estate, or a mortgage of the whole estate, as the case may be (which share or estate is in this subsection called the interest) vested by virtue of paragraph 98 (1A) (a) of the Unit Titles Act 1970 in the person who was the lessee of the unit as if—
	(a)	on the date on which the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the registered proprietor of the interest so vested and that memorandum had been executed by him or her accordingly; and
	(b)	the firstmentioned mortgage had been a mortgage of the interest so vested and not of the lease of the unit.
(2)		If, immediately before the registration of an order for the cancellation of a units plan, a person was the registered proprietor of an easement over portion of the common property or of a unit or units, he or she shall be deemed to be, on the registration of the order, the registered proprietor of an easement over so much of the land comprised in the units plan as was affected by the firstmentioned easement, as if—
	(a)	on the date on which the memorandum creating the firstmentioned easement was executed, the lessee of the common property and the lessee or lessees of that unit or units had been the registered proprietors or proprietor of the estate referred to in paragraph 98 (1) (d) of the Unit Titles Act 1970, and that memorandum had been executed by them, him or her accordingly; and
	(b)	the firstmentioned easement had been an easement over that land and not over that portion of the common property or of the unit or units.
(3)		On and after the registration of the order for the cancellation of the units plan, the memorandum of mortgage referred to in subsection (1) and the memorandum of easement referred to in subsection (2) and any instrument or other document relating to the lease of the relevant unit or units or of the common property or to that mortgage or easement shall be deemed to be modified in such manner as is necessary to give effect to subsections (1) and (2).
147 	Duties of Registrar-General upon registration of order
(1)		Immediately after the registration of an order for the cancellation of a units plan, the Registrar-General shall—
	(a)	cancel the units plan; and
	(b)	cancel the certificate of title for each unit and for the common property; and
	(c)	subject to subsection (2), issue to the person in whom a share in the estate, or the whole estate, as the case may be, is vested by virtue of paragraph 98 (1A) (a) of the Unit Titles Act 1970 a certificate of title for that share or estate; and
	(d)	enter on each folio of the register in relation to the certificate of title so issued a memorial of any mortgage or easement to which, by force of section 13, the lease is subject and, if it is subject to 2 or more mortgages or easements, enter the memorials in such manner as to preserve their priority.
 (2)		The Registrar-General may, in his or her discretion, refuse to issue a certificate of title under paragraph (1) (c) to the person who was the lessee of a unit until the duplicate copy of the certificate of title for that unit has been lodged with the Registrar-General.
(3)		Subsection (2) does not prevent the issue of a certificate of title in a case where the Registrar-General has dispensed with, or has been ordered by the court to dispense with, the lodgment of the document referred to in that subsection.
(4)		The Registrar-General shall cancel a certificate of title lodged with him or her under subsection (2).
157 	Registration of order for alteration of units plan
	On the lodgment with the Registrar-General of an office copy of an order made by the court under section 101 of the Unit Titles Act 1970 for the alteration of a units plan, together with a copy of the schedule of unit entitlement altered in accordance with the order, the Registrar-General shall register those documents.
167 	Duties of Registrar-General on registration of order for alteration of units plan
	Immediately after the registration of an order for the alteration of a units plan, the Registrar-General shall—
	(a)	cancel the certificate of title and the duplicate certificate of title for the unit the lease of which has been determined; and
	(b)	enter on the units plan such memorials as are necessary to give effect to the order.
177 	Registrar-General to give notice of cancellation or alteration of units plan
	Immediately after the registration of an order for the cancellation or alteration of a units plan, the Registrar-General shall give written notice of the registration of the order to the administrative head.

part 3A—reissue of units plans7
17A7	*	*	*	*	*	*	*	*	*	*

Part 4—Determination and Expiry of Leases7
187 	Registration of determination of lease 
(1)		The Registrar-General, upon proof to his or her satisfaction of the determination of the lease of a unit, shall—
	(a)	cancel the certificate of title for the unit; and
	(b)	enter on the relevant units plan a memorial of the determination; and
	(c)	enter on the schedule of unit entitlement a memorial stating that it has effect in accordance with section 109 of the Unit Titles Act 1970.
(2)		The determination does not release the lessee from any liability in respect of the breach of any covenant expressed or implied in the lease.
197 	Cancellation of memorials made under section 18
	On receipt of a notice given under section 110 of the Unit Titles Act 1970, the Registrar-General shall register the notice and—
	(a)	enter on the units plan and the schedule of unit entitlement further memorials cancelling the memorials entered under section 18; and
	(b)	issue to the person named in the notice a certificate of title for the unit.
20 	Registrar-General to enter expiry of lease in Register
	Upon the expiry of the terms of the leases of the units and the lease of the common property, the Registrar-General shall cancel the units plan and the certificates of title and duplicate certificates of title for the units and the common property.

part 5—miscellaneous
217 	Change of address for service of documents
(1)		Where the address shown on a units plan for service of documents is changed, the corporation shall forthwith give notice to the Registrar-General in accordance with form 10.
Penalty:  25 penalty units.
(2)		On receipt of a notice under subsection (1), the Registrar-General shall endorse on the units plan a memorial of the change of address.
227 	Registration of alteration of articles
	On the lodgment with the Registrar-General of a copy of a special resolution, certified under the seal of the corporation as a true copy of the resolution, altering the articles of the corporation, the Registrar-General shall register the resolution.
237 	Registrar-General to register appointment etc of administrator
	On the lodgment with the Registrar-General of an office copy of an order made by the court under Part 7 of the Unit Titles Act 1970, appointing, removing or replacing an administrator of a corporation, the Registrar-General shall register the order.
247 	No dealings while application for cancellation or alteration of units plan is pending
(1)		Where a copy of an application made to the court under section 97 or 100 of the Unit Titles Act 1970 is served on the Registrar-General, the Registrar-General shall register the copy of the application and shall enter on the units plan a memorial that the application has been made.
(2)		On the service on the Registrar-General of an office copy of an order for the cancellation of a units plan, of an order for the alteration of a units plan or of an order dismissing an application for such an order, the Registrar-General shall enter on the units plan a further memorial stating the effect of the order.
(3)		After a memorial is entered on a units plan under subsection (1) and until a further memorial is entered on the units plan under subsection (2), the Registrar-General shall not, except in accordance with an order of the court, register any instrument—
	(a)	in the case of an application for an order for the cancellation of the units plan—affecting the lease of a unit; or
	(b) 	in the case of an application for an order for the alteration of the units plan providing for the elimination of a unit—affecting the lease of that unit.
257 	Registration of instruments granting further leases
	Where the Executive grants further leases under section 171, 171A or 172 of the Land (Planning and Environment) Act 1991 of the units and the common property forming part of a registered units plan, upon lodgment of the instruments granting the leases, the Registrar-General shall—
	(a)	register the instruments; and
	(b)	endorse on the units plan such memorials as are necessary to show that the further leases have been granted, and the date of expiry of the term of the further leases.
267 	Withdrawal of units plan
(1)		At any time after the lodgment with the Registrar-General of an application for the registration of a units plan and before the units plan is registered, the applicant may apply in writing to the Registrar-General for the withdrawal of the application for registration.
(2)		The Registrar-General shall, on the receipt of an application under subsection (1), endorse the application for the registration of the units plan as being withdrawn and deliver to the applicant the documents lodged under section 9.
277 	Provisions applicable in relation to trusts
(1)		Where, immediately before the registration of a units plan, the lessee of the parcel held the lease as trustee, that person shall, upon the registration of the units plan, hold the leases of the units defined in the units plan in trust for the persons for whom, and the purposes for which, the lease of the parcel was so held.
(2)		Where, immediately before the registration of an order for the cancellation of a units plan, the proprietor of a unit held the lease of the unit as trustee, that person shall, upon the registration of the order, hold the share in the estate, or the whole estate, as the case may be, of which he or she becomes possessed under paragraph 98 (1) (d) of the Unit Titles Act 1970 in trust for the persons for whom, and the purposes for which, the lease of the unit was so held.
287 	Delivery to Registrar-General of certificates of title
(1)		The Registrar-General may, by notice in writing, require a person having in his or her possession, custody or control the certificate of title for a unit the lease of which has been determined to deliver it, within a time specified in the notice, to the Registrar-General for cancellation.
(2)		A person who fails to comply with a requirement made under subsection (1) is guilty of an offence and is punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—5 penalty units; or
	(b)	if the offender is a body corporate—25 penalty units.
__________

SCHEDULE 17
FORM 1	(See s 8) 
Land Titles (Unit Titles) Act 1970
UNITS PLAN No.               .
	Sheet No. 1 of 	Sheets

Block	, Section	, Division of
Register Volume	Folio	, Deposited Plan No.

Address of the corporation for service of documents
I,                                of                                         ,
a registered surveyor, hereby certify that
(a)   the diagram on this sheet shows—
(i)   the boundaries of the abovementioned parcel of land; and
*(ii)  the boundaries of each unit that is a Class B unit as defined in the Unit Titles Act 1970 into which the parcel is to be subdivided; and
†(iii) the boundaries at ground level, or projected to ground level, of the extremities of each building, or building in the course of erection, on the parcel; and
†(b)  each building, or building in the course of erection, on the parcel is wholly within the parcel except to the extent to which—
(i)  any eaves and guttering (including downpiping) that form, or are to form, part of the building project, or will project, over land that forms part of a place that is a public place within the meaning of the Roads and Public Places Act 1937; or
(ii)   any rigid awning that forms, or is to form, part of the building projects, or will project, over land that forms part of a place that is a public place within the meaning of the Roads and Public Places Act 1937 and any support for such an awning stands, or will stand, on land that forms part of a place that is a public place within the meaning of that Act.
Dated this                    day of                   19      .
Registered Surveyor
*Delete if not applicable
†Delete if there is no building, or building in the course of erection, on the parcel.	Approved under the Unit Titles Act 1970 as the units plan for the subdivision of the abovementioned parcel of land.
       Dated this                                                        day  of
                                                     , 19          .
                                                             Minister

Registered by me on the
day of                             , 19      , at
minutes past    o’clock in the
noon, the number allotted to this units plan 
being                                     .
      The terms of the leases of the units and the lease 
of the common property expire on the
                    day of                           .                      .
Registrar-General	
site plan
Scale 1: [insert ratio]
[Insert graphic bar scale]

Applicant

FORM 2	(See s 8)
	Land Titles (Unit Titles) Act 1970
Sheet No.          of          Sheets
Block                                                              , Section                                        ,
Division of
UNITS PLAN No.        .
SCHEDULE OF UNIT ENTITLEMENT
Column 1	Column 2	
	Certificate of Title	
Unit No.	Unit 
Entitlement	Unit 
Subsidiaries	
		Volume	Folio

		

		

		

		
Aggregate	
The Certificate of title issued for each of the units into which the parcel of land has been subdivided is as shown in column 2 above.  The certificate of title for the common property is Register Volume 	Folio       .
Applicant

Column 1 above is the schedule of unit entitlement approved for the subdivision.
Dated this	day of
	, 19      .	Registrar-General
	Minister

	FORM 3	(See s 8)
	Land Titles (Unit Titles) Act 1970
Sheet No.          of          Sheets
Block 	, Section		,
Division of
[Number of Floor] FLOOR PLAN
___________________________________________________

Scale 1: [insert ratio]
[Insert graphic bar scale]

Applicant 		Minister

	FORM 4	(See s 8)
	Land Titles (Unit Titles) Act 1970
Sheet No.      of        Sheets
UNITS PLAN No.      .
Block	, Section	,
Division of
1.  The term of the lease of each of the units expires on the                                                 day of

2.  The rent reserved by, and payable under, the lease of each of the units is as follows:

3.  The lessee of Unit No.    [or Each of the lessees of Units Nos.                          ]
covenants with the Commonwealth of Australia as follows:
And the lessee of Unit No.      [or Each of the lessees of Units Nos.                            ]
further covenants with the Commonwealth of Australia as follows:

4.  The Commonwealth of Australia covenants with the lessee of Unit No.     [or  Each of 
the lessees of Units Nos.                   ] as follows:

5.  It is mutually covenanted and agreed by the Commonwealth of Australia and each of 
the lessees of Units Nos.                         as follows:

Dated this                                       day of                          , 19      .
Applicant	Minister

FORM 5	(See s 8)
	Sheet No.       of        Sheets
UNITS PLAN No.            .
Block 	, Section	,
Division of
1.  The term of the lease expires on the                                        day of                                           .
2.  The rent reserved by, and payable under, the lease is 5 cents per annum, if and when demanded.
3.  The corporation covenants with the Commonwealth of Australia as follows:

4.  The Commonwealth of Australia covenants with the corporation as follows:

5.  It is mutually covenanted and agreed by the Commonwealth of Australia and the corporation as follows:

Dated this                                             day of                                              , 19       .
Applicant		Minister

	FORM 6	(See s 9)
I, [Name, residence and occupation or other description],
being the registered proprietor of the Crown Lease of the land comprised in Block                        , 
Section                                        , Division of                                    , Register Volume      Folio
                    , hereby apply for the registration of the annexed units plan.
The units plan consists of                                sheets, numbered 1 to            , inclusive.
Dated this                                        day of                                          , 19         .
Witness 	Applicant
I hereby certify that this application and the annexed units plan are correct for the purposes of the Land Titles Act 1925 and of the Land Titles (Unit Titles) Act 1970.
	[Signature]
To the Registrar-General

	FORM 7	(See s 9)
I, [Name, residence and occupation or other description], 
being the registered proprietor of [description of estate or interest] in Crown Lease of the land comprised in Block                                 , Section                                  , Division of                                ,
Register Volume                              , Folio                          , hereby consent to the registration of the Units Plan for the subdivision of that land.
Dated this                                                   day of                                     , 19       .
Witness	Registered Proprietor
I hereby certify that this consent to registration is correct for the purposes of the Land Titles Act 1925 and of the Land Titles (Unit Titles) Act 1970.
	[Signature]

FORM 8	(See s 11)
CERTIFICATE OF TITLE FOR UNIT No.                 SHOWN ON UNITS PLAN  No.              .
[Name, residence and occupation or other description]
is registered as the proprietor of an estate of leasehold in Unit No.          shown on Units Plan 
No.                                , registered by me on the                                           day of                                 , 
19          , subject, nevertheless, to the rights created by section 27 of the  Unit Titles Act 1970 and the rights, mortgages, encumbrances, liens and interests notified by memorial underwritten or endorsed on this certificate of title.
Dated this                             day of                                , 19      .
Witness	Registrar-General

FORM 9	(See s 11)
	AUSTRALIAN CAPITAL TERRITORY
	Land Titles (Unit Titles) Act 1970
CERTIFICATE OF TITLE FOR COMMON PROPERTY COMPRISED IN UNITS 
PLAN No.
[Name of corporation] is registered as the proprietor of an estate of leasehold in the common property comprised in Units Plan No.    , registered by me on the 			            day of                                        , 19                 , subject, nevertheless, to the rights created by section 27 of the Unit Titles Act 1970 and to the easements notified by memorial underwritten or endorsed on this certificate of title.
Dated this                                 day of                             , 19        .
Witness	Registrar-General

	FORM 10	(See 2 21)
Land Titles (Unit Titles) Act 1970
	UNITS PLAN No.          .
NOTICE OF CHANGE OF ADDRESS FOR SERVICE OF DOCUMENTS
[Name of corporation] hereby gives notice that the address for service on it of documents has been changed from                                             to                                          .
Dated this                                   day of                                    , 19          .

	[L.S.]
To the Registrar-General

	SCHEDULE 27	(See s 8)
REQUIREMENTS IN RELATION TO UNITS PLANS
PART 1—GENERAL
1.  One copy of each street containing a diagram or diagrams shall be of good quality tracing linen or other material approved by the Registrar-General and other copies and other sheets shall be of good quality paper or other material approved by the Registrar-General.
2.  All sheets shall be of the size known as International B4.
3.  All sheets shall be free from discolouration and blemishes.
4.  The contents of a sheet shall be written or drawn on 1 side only of the sheet.
5.  Sheets shall not be creased or folded.
6.  The contents of a sheet shall be so placed as to leave a margin of at least 40 mm on the left-hand side of the sheet and a margin of at least 15 mm on each of the other 3 sides of the sheet.
7.  No printing, writing or diagram (other than the reference to the sheet number) shall extend into a margin on the sheet.
8.  An alteration shall be made by striking through the matter to be altered and not by rubbing, scraping or cutting the surface of the linen, paper or other material approved by the Registrar-General.
9.  All writing shall be legible and in ink.
10.  All sheets shall be numbered consecutively commencing with the figure 1 and on each sheet there shall be stated the total number of sheets comprising the units plan.
PART 2—REQUIREMENTS IN RELATION TO DIAGRAMS
1.  Each diagram shall be drawn in waterproof Indian ink.
2.  Each diagram shall be drawn to a scale sufficient to enable all details and notations to be clearly shown.
2A.  The scale to which a diagram is drawn shall be expressed as a ratio combined with a graphic bar scale.
3.  Each diagram shall indicate, by an arrow or other appropriate means, the direction of North.
4.  All linear measurements shall be shown in metres and decimal fractions of a metre.
5.  If necessary, a diagram may be commenced on 1 sheet and continued on a subsequent sheet and, in such a case, the diagrams shall be so drawn that the complementary parts or lines on the several sheets show, when placed side by side, the complete diagram.
PART 3—NUMBERING OF UNITS AND UNIT SUBSIDIARIES
1.  Units shall be numbered consecutively, commencing with the figure 1.
2.  A unit subsidiary shall be shown as having the same number as the unit to which it is appurtenant prefixed with the letter S.
3.  If there are 2 or more unit subsidiaries appurtenant to a unit, each of those unit subsidiaries shall be distinguished by the addition of a consecutive number in brackets commencing with the figure (1), thus SI (1), SI (2) and so on.

ENDNOTES
1	About this republication
This is a republication of the Land Titles (Unit Titles) Act 1970 as in force on 26 July 2001.  It includes all amendments made to the Act up to Act 2001 No 17.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Land Titles (Unit Titles) Act 1970  was originally the Real Property (Unit Titles Ordinance 1970.  It became an ACT Act on self-government (11 May 1989).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Real Property (Unit Titles) Ordinance 1970	1970 No 32	11 Sept 1970	1 Feb 1971 (see Gaz 1971 
p 788)		
Real Property (Unit Titles) Ordinance 1975	1975 No 34	7 Oct 1975	27 Jan 1976 (see Gaz 1976 No S13)	s 7	
Real Property (Unit Titles) Ordinance 1976	1976 No 19	13 May 1976	13 May 1976	—	
Ordinances Revision (Administrative Arrangements) Ordinance 1977	1977 No 18	21 June 1977	21 June 1977	—	
Real Property (Unit Titles) (Amendment) Ordinance 1982	1982 No 7	19 Mar 1982	19 Mar 1982	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2: 10 May 1989
remainder: 11 May 1989 (see Gaz 1989 No S164)
	—	
Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Registrar-General (Consequential Provisions) Act 1993	1993 No 64	6 Sept 1993	ss 1 and 2:  6 Sept 1993
remainder:  1 Oct 1993 (see 
s 2 (2) and Gaz 1993 No S207)	pt III
(ss 6-13)	
Real Property (Consequential Provisions) Act 1993	1993 No 90	17 Dec 1993	ss 1 and 2:  17 Dec 1993
remainder:  1 Jan 1994 (see 
s. 2 (2) and Gazette 1993, No. S270)	—	
Land Titles (Consequential Amendments) Act 1995	1995 No 54	20 Dec 1995	20 June 1996 (see s. 2)	—	
Land (Planning and Environment) (Amendment) Act (No. 3) 1996	1996 No 85	24 Dec 1996	pt I(ss. 1 and 2):  24 Dec 1996
Remainder:   24 June 1997	s 102 (2)	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49  p 1078)	—	
Land Titles Legislation Amendment Act 2000	2000 No 82	21 Dec 2000	21 Dec 2000	—	
Surveyors (Consequential Amendments) Act 2001	2001 No 3	8 Mar 2001	ss 1 and 2:  8 Mar 2001 (IA s 10B)
remainder:  26 July 2001 (see s 2 and Gaz 2001 No 30)	—	
Unit Titles Consequential Amendments Act 2001	2001 No 17	5 Apr 2001	ss 1 and 2:  5 Apr 2001
remainder (ss 3-11):  awaiting commencement
	—	
5	Table of amendments

Provision	How affected†

s 1	am 1995 No 54
s 3	om 1977 No 18
s 4	om 1975 No 34
s 5	am 1975 No 34; 1993 No 64; 1995 No 54
ss 6, 7	am 1993 No 64
s 8	sub 1993 No 90
s 9	am 1976 No 19; 1989 No 38; 1993 No 64
s 10A	ins 2000 No 82 pt 3 s 21
s 11	am 1993Nos 64 and 90
s 12	am 1993 No 64
s 13	am 1996 No 85
s 14	am 1993 Nos 64 and 90; 1996 No 85
ss 15, 16	am 1993 No 64
s 17	am 1976 No 19; 1989 No 38; 1993 No 64
ss 18-20	am 1993 No 64
s 21	am 1993 No 64; 1998 No 54
ss 22-24	am 1993 No 64
s 25	am 1993 No 64
	sub 1996 No 85
s 26	am 1993 No 64
s 28	am 1993 Nos 64 and 90; 1998 No 54
sch 1	am 1975 No 34; 1976 No 19; 1982 No 7; 1989 No 38; 1993 Nos 64 and 90; 1995 No 54; 2001 No 3 sch 1
sch 2	am 1975 No 34; 1993 No 64

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1995 No 54	31 July 1996	
2	Act 1998 No 54	31 July 1999	
2A	Act 1998 No 54	31 July 1999	
2B	Act 2000 No 82	21 December 2000	
2C	Act 2001 No 17	5 April 2001	

7	Uncommenced amendments

The following amendments have not been included in this republication because they were uncommenced at the republication date— 
Unit Titles Consequential Amendments Act 2001, Act 2001 No 17, (ss 3-10, amdts 1.1-1.23)
3 	Act amended by pt 2 and sch 1
	This Part and Schedule 1 amend the Land Titles (Unit Titles) Act 1970.
4 	Interpretation
	Section 5 is amended—
	(a)	by omitting the definition of the Principal Act; and
	(b)	by inserting the following definition:
“Land Titles Act means the Land Titles Act 1925.”; and 
	(c)	by omitting from subsection (2) “Unit Titles Act 1970” and substituting “Unit Titles Act 2001”; and
	(d)	by omitting subsection (3).
5 	Substitution
	Sections 6 and 7, the heading to Part 2 and sections 8 and 9 are omitted and the following sections and heading substituted:
“6	Relationship with Land Titles Act
“(1) 	This Act is incorporated with the Land Titles Act, and must be read as one with that Act.
“(2)	A units plan and any other document lodged with the registrar-general under this Act is an instrument affecting land for the purposes of the Land Titles Act.
“(3)	The following documents lodged with the registrar-general under this Act or the Unit Titles Act 2001 need not be attested by a witness (despite subsection 48 (3) of the Land Titles Act):
	(a)	a document signed by the Minister;
	(b)	an office copy of a court order.
“7	Time of registration
“(1)	For the Land Titles Act and this Act, a units plan is registered when the registrar-general endorses on it the date of registration and the number allotted to it.
“(2) 	For the Land Titles Act and this Act, a document (other than a units plan) lodged with the registrar-general under this Act is registered when a memorial relating to the document is endorsed on or annexed to—
	(a)	the units plan; and
	(b)	in the case of a document relating to the cancellation or amendment of the units plan—each affected lease.
“Part 2—registration of units plans
“8	Formal requirements
	A units plan must be prepared in accordance with—
	(a)	a form or forms approved by the registrar-general; and
	(b)	the requirements set out in Schedule 1.
“9	Registration of units plan
“(1)	The registrar-general must register a units plan on the lodgment of all of the following documents within 3 months after the plan is endorsed under section 27 of the Unit Titles Act 2001:
	(a)	an application in a form approved by the registrar-general;
	(b)	such a number of copies of the endorsed units plan (prepared in accordance with section 8) as is required by the registrar-general;
	(c)	the duplicate lease of the parcel, or the duplicate certificate of title for the parcel;
	(d)	the written consent (in a form approved by the registrar-general) to the registration of the units plan of everyone with a registered estate or interest in the lease of the parcel.
“(2) 	On the registration of the units plan, the registrar-general must give 1 copy to the person on whose behalf the documents were lodged and 1 copy to the chief executive of the administrative unit responsible for the administration of the Unit Titles Act 2001.”.
6 	Substitution
	Section 11, the heading to Part 3 and section 12 are omitted and the following sections, Parts and heading substituted:
“11	Duties of registrar-general after units plan registration
“(1) 	Immediately after registration of a units plan, the registrar-general must—
	(a)	cancel the lease of the parcel and the duplicate lease, or the certificate of title of the parcel and the duplicate certificate; and
	(b)	issue a certificate of title for each unit, in a form approved by the registrar-general, to the lessee of the unit under section 33 of the Unit Titles Act 2001; and
	(c)	issue a certificate of title for the common property to the owners corporation, in a form approved by the registrar-general; and
	(d)	enter on the certificate of title for the units a memorial of any mortgage or easement to which the lease is subject under
section 10; and
	(e)	enter on the certificate of title for the common property a memorial of any easement to which the lease is subject under section 10.
“(2) 	If there are 2 or more mortgages under paragraph (1) (d), or 2 or more easements under paragraph (1) (d) or (e), the memorials of the mortgages or easements must be entered so as to preserve their priority.
“Part 2A—registration of interests declared by owners corporations
“Division 1—Owners corporation easements
“11A	Registration of easement declared by owners corporation	
“(1)	Section 103B of the Land Titles Act applies to the registration of an easement declared by an owners corporation under section 36 of the Unit Titles Act 2001, subject to this section.
“(2)	The lodgment of the following documents is required for the registration of the easement:
	(a)	a memorandum of easement in registrable form;
	(b)	a certificate under section 109 of the Unit Titles Act 2001 about the resolution of the corporation declaring the easement;
	(c)	a document giving evidence of the consent to the resolution of the owners of the affected benefited and burdened estates.
“(3)	If the certificate mentioned in paragraph (2) (b) is endorsed by the owners of the affected benefited and burdened estates, there is no need to lodge a separate document evidencing consent (under paragraph (2) (c)).
“11B	Extinguishment of easement declared by owners corporation
“(1)	Section 103E of the Land Titles Act applies to the extinguishment of an easement following the revocation (under subsection 36 (5)) of the Unit Titles Act 2001) by an owners corporation of the declaration of the easement, subject to this section.
“(2)	The lodgment of the following documents is required for the extinguishment of the easement:
	(a)	a memorandum of extinguishment of easement in registrable form;
	(b)	a certificate under section 109 of the Unit Titles Act 2001 about the resolution of the corporation revoking the easement;
	(c)	a document giving evidence of the consent to the resolution of the owners of the affected benefited and burdened estates.
“(3)	If the certificate mentioned in paragraph (2) (b) is endorsed by the owners of the affected benefited and burdened estates, there is no need to lodge a separate document evidencing consent (under paragraph (2) (c)).
“Division 2—Owners corporation charges
“11C	Registration of charge to secure unpaid amounts
“(1) 	The lodgment of the following documents is required for the registration (under section 92 of the Land Titles Act) of a charge declared by an owners corporation under section 67 of the Unit Titles Act 2001:
	(a)	a memorandum of charge in registrable form;
	(b)	a copy of the declaration, certified under the corporation seal to be a true copy.
“(2) 	The memorandum of charge must be in a form approved by the registrar-general.
“11D	Registration of discharge
“(1) 	The lodgment of the following documents is required for the registration (under subsection 101 (1) of the Land Titles Act) of a discharge in relation to a charge the declaration of which is revoked under section 68 of the Unit Titles Act 2001:
	(a)	a discharge in registrable form;
	(b)	a copy of the revocation, certified under the corporation’s seal to be a true copy.
“(2) 	The discharge must be in a form approved by the registrar-general.
“11E 	Application of Land Titles Act (pt 10, div 3)
“(1)	The following provisions of Division 3 of Part 10 of the Land Titles Act apply in relation to a charge declared under section 67 of the Unit Titles Act 2001:
•	subsections 92 (1) and (3) (Land—how mortgaged or encumbered) (subject to section 11C of this Act)
•	section 92A (Mortgage or encumbrance—postponement of priority)
•	subsection 93 (1) (Mortgage or encumbrance—effect)
•	section 101 (Discharge of mortgages and encumbrances) (subject to section 11D of this Act)
•	section 101A (Variation of mortgages).
“(2)	Division 3 of Part 10 of the Land Titles Act does not otherwise apply in relation to the charge.
Note	  Because of sections 11C, 11D and 11E of this Act, a charge over a unit declared under 
section 67 of the Unit Titles Act 2001 is registrable in much the same way as a mortgage under the Land Titles Act 1925.  However, unlike other mortgages, this registered charge does not give rise to any power of sale over the unit (see s (2) and Unit Titles Act 2001 s 67 (5)).
“Part 3—cancellation and amendment of units plans
“12	Cancellation of units plans—registration	
	The registrar-general must register a cancellation authority on the lodgment of the authority while it is stated to remain in force.
Note  A cancellation authority is a Ministerial authority for the cancellation of a units plan (see Unit Titles Act 2001, s 160).”.
7 	Substitution
	Sections 15, 16 and 17 are omitted and the following sections and Part substituted:
“15	Amendment of units plans—registration of Ministerial authorities
“(1)	The registrar-general must register any of the following Ministerial authorities for the amendment of a units plan on the lodgment of the authority while it is stated to remain in force:
	(a)	an authority under section 30 of the Unit Titles Act 2001 (Amendment of development statements after registration);
	(b)	a unit entitlement authority;
	(c)	a boundary authority.
Notes
1	A unit entitlement authority is a Ministerial authority for the amendment of a schedule of unit entitlement (see Unit Titles Act 2001, s 146).
2	A boundary authority is a Ministerial authority for a minor boundary change (see Unit Titles Act 2001, s 149 (boundary authority) and s 16 (minor boundary change)).
“(2)	On the lodgment of a Ministerial authority authorising the amendment of a units plan, the registrar-general may—
	(a)	if the boundaries are changed—require, in addition, the lodgment of any stated document or diagram showing the boundaries as so changed; and
	(b)	if the schedule of unit entitlement is amended—require, in addition, the lodgment of a copy of the schedule of unit entitlement as so amended; and
	(c)	register any such document, diagram or schedule accordingly.
“16	Registration of final building damage orders
“(1)	The registrar-general must register a final building damage order of the Magistrates Court for the amendment of a units plan on lodgment of an office copy of the order.
Note  A final building damage order is an order of the Magistrates Court approving the amendment of a units plan as a result of building damage or destruction (see Unit Titles Act 2001,
s 157).
“(2)	On the lodgment of an office copy of the order, the registrar-general may—
	(a)	if the boundaries are changed—require, in addition, the lodgment of any stated document or diagram showing the boundaries as so changed; and
	(b)	if the schedule of unit entitlement is amended—require, in addition, the lodgment of a copy of the schedule of unit entitlement as so amended; and
	(c)	register any such document, diagram or schedule accordingly.
“(3)	On registration of the order, the registrar-general must—
	(a)	cancel the certificate of title and the duplicate certificate of title for any unit authorised to be eliminated; and
	(b)	make any entries on the register necessary to give effect to the order.
“17	Notice of cancellation or amendment to chief executive
	Immediately after the registration of an authority or order for the cancellation or amendment of a units plan, the registrar-general must give written notice of registration to the chief executive of the administrative unit responsible for the administration of the Unit Titles Act 2001.
“part 3A—reissue of units plans
“17A	Reissue of units plans
“(1)	If the registrar-general considers it desirable, the registrar-general may reissue a registered units plan in substantively identical terms.
“(2)	A reissued units plan for a parcel is taken for all purposes to be the registered units plan for the parcel.
“(3)	The reissue of a units plan does not have the effect of cancelling the previous registration of the plan.”.
8 	Substitution
	Sections 21 to 24 are omitted and the following sections substituted:
“21	Change of address for service
	The registrar-general must register a change of address for service of an owners corporation on lodgment of a notice of the change, in a form approved by the registrar-general, under subsection 78 (3) of the Unit Titles Act 2001.
“22	Amendment of articles—registration
	The registrar-general must register an amendment of the articles of an owners corporation on the lodgment of a certificate under section 109 of the Unit Titles Act 2001 about the special resolution authorising the amendment.
“23	Appointment of administrator—registration
	The registrar-general must register an administration order of the Magistrates Court under Division 9.2 of the Unit Titles Act 2001 on the lodgment of an office copy of the order.
Note  An administration order is an order of the Magistrates Court approving the appointment or removal of an administrator of an owners corporation, or about the exercise of the functions of such an administrator (see Unit Titles Act 2001, s 142 – s 144).”.
9 	Omission
	Schedule 1 is omitted.
10 	Renumbering
	In the next republication of the Land Titles (Unit Titles) Act 1970 under the Legislation (Republication) Act 1996, the Land Titles (Unit Titles) Act 1970 must be renumbered as permitted under section 13 of the Legislation (Republication) Act 1996.
[1.1]	Sections 1 and 2—
	Omit the sections, substitute the following sections:
“1	Name of Act
	This Act is the Land Titles (Unit Titles) Act 1970. 	
“2 	Notes
	A note included in this Act is explanatory and is not part of this Act.
Note 	See Interpretation Act 1967, section 12(1), (4) and (5) for the legal status of notes.”.
[1.2]	Subsection 10 (1)—
	Omit “he or she is shall be deemed to be”, substitute “the person is taken to be”.
[1.3]	Paragraph 10 (1) (a)—
	Omit “him or her”, substitute “the mortgagor”.
[1.4]	Subsection 10 (2)—
	Omit “he or she shall be deemed to be”, substitute “the person is taken to be”.
[1.5]	Paragraph 10 (2) (a)—
	Omit “him or her”, substitute “the lessee”.
[1.6]	Subsection 10 (3)—
	Omit the subsection, substitute the following subsection:
“(3)	On and after the registration of a units plan, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the parcel, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections.”.
[1.7]	Subsection 13 (1)—
	(a)	Omit “an order for the cancellation of a units plan”, substitute “a cancellation  authority”.
	(b)	Omit “shall be deemed to be, on the registration of the order”, substitute “is taken to be, on the registration of the authority”.
	(c)	Omit “vested by paragraph 98 (1A) (a) of the Unit Titles Act 1970”, substitute “held by paragraph 163 (1) (a) of the Unit Titles Act 2001”.
[1.8]	Paragraph 13 (1) (a)—
	Omit “him or her”, substitute “the mortgagor”.
[1.9]	Subsection 13 (2)—
	(a)	Omit “an order for the cancellation of a units plan”, substitute “a cancellation  authority”.
	(b)	Omit “he or she shall be deemed to be, on the registration of the order”, substitute “the person is taken to be, on the registration of the authority”.
[1.10]	Paragraph 13 (2) (a)—
	Omit the paragraph, substitute the following paragraph:
	“(a)	when the memorandum creating the firstmentioned easement was executed, the lessee of the common property, or the lessee or lessees of the units, had been the registered proprietor or proprietors of the estate mentioned in paragraph 162 (e) of the Unit Titles Act 2001, and that memorandum had been executed by that lessee or those lessees accordingly; and”.
[1.11]	Subsection 13 (3)—
	Omit the subsection, substitute the following subsection:
“(3)	On and after the registration of a cancellation authority, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the common property or the relevant unit or units, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections.”.
[1.12]	Subsection 14 (1)—
	Omit “an order for the cancellation of a units plan, the Registrar-General shall”, substitute “a cancellation  authority, the registrar-general must”.
[1.13]	Paragraph 14 (1) (c)—
	Omit the paragraph, substitute the following paragraph:
	“(c)	issue to a person who holds a share in the estate, or the entire estate, under paragraph 163 (1) (a) of the Unit Titles Act 2001 a certificate of title for that share or estate, subject to subsection (2); and”.
[1.14]	Subsection 14 (4)—
	Omit the subsection, substitute the following subsection:
“(4) 	The registrar-general must cancel a certificate of title lodged under subsection (2).”.
[1.15]	Part 4, heading and section 18, heading—
	Omit the headings, substitute the following headings:
“Part 4—termination and expiry of leases
“18	Registration of termination of unit lease”. 	
[1.16]	Subsection 18 (1)—
	Omit “determination of the lease of a unit, shall”, substitute “termination of the lease of a unit, must”.
[1.17]	Paragraph 18 (1) (c)—
	Omit “section 109 of the Unit Titles Act 1970”, substitute
“section 170 of the Unit Titles Act 2001 (Effect of termination of unit lease)”.
[1.18]	Section 19—
	Omit “On receipt of a notice given under section 110 of the Unit Titles Act 1970, the Registrar-General shall”, substitute “On lodgment of a notice under section 171 of the Unit Titles Act 2001 (New unit lease), the registrar-general must”.
[1.19]	Section 25—
	Omit “shall”, substitute “must”.
[1.20]	Subsection 26 (2)—
	Omit “shall”, substitute “must”.
[1.21]	Section 27—
	Omit the section, substitute the following section:
“27	Trusts 	
“(1)	If, immediately before the registration of a units plan, the lessee of the parcel (the former lessee) held the lease as trustee, on registration of the units plan the former lessee holds the leases of the units in trust for the persons for whom, and the purposes for which, the lease of the parcel was held.
“(2)	If, immediately before the registration of a cancellation authority, a unit owner (the former owner) held the lease of the unit as trustee, on registration of the authority the former owner holds the share of the estate (or the entire estate) held under paragraph 163 (1) (a) of the Unit Titles Act 2001 (Cancellation of units plan—new lease over parcel) in trust for the persons for whom, and the purposes for which, the lease of the unit was held.”.
[1.22]	Subsection 28 (2)—
	Omit the subsection, substitute the following subsection:
“(2)	A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty:  5 penalty units.”.
[1.23]	Schedule 2 (heading)—
	Omit the heading, substitute the following heading:
	“SCHEDULE 1	(See s 8)
FORMAL REQUIREMENTS FOR UNITS PLANS”

©  Australian Capital Territory 2001

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