COMMUNITY TITLE ACT 2001 - NOTES

COMMUNITY TITLE ACT 2001 - NOTES

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

              •     function

              •     land titles register

              •     reviewable decision notice

              •     Supreme Court

              •     territory planning authority

              •     the Territory.

"administrative fund "means a fund established by a body corporate to meet recurrent and capital expenditure of the body corporate.

"basic scheme," for part 12 (Termination of community title schemes)—see section 87.

"body corporate "means a body corporate created under this Act for a community title scheme.

"body corporate assets", for a community title scheme, means items of real or personal property acquired by the body corporate, other than property that is incorporated into and becomes part of the common property.

"common property", of a community title scheme—see section 18.

"community title certificate"—see section 56.

"community title scheme" means a scheme created on the registration of a plan under part 3 (Establishment of community title schemes).

"Crown lease"—see the Land Titles Act 1925

, dictionary.

"Crown lessee", in relation to a declared land sublease, means the lessee under the Crown lease under which the sublease is granted.

"declared land sublease"—see the Planning Act 2023

, section 365 (1).

"developer", of a community title scheme, means the person by or on whose behalf the scheme is, or is proposed to be, lodged for registration.

"eligible person", for a lot in relation to which a community title certificate, or access to books, records or documents, is required, means—

        (a)     the owner, or someone else with an interest in the lot, or in an easement over the lot; or

        (b)     for a lot that is owned, or partly owned, by a company—a representative of the company; or

        (c)     anyone authorised in writing by a person mentioned in paragraph (a) or (b); or

        (d)     if access to the information or the books, records or documents is necessary for the administration of this Act—the director-general.

"exclusive use by-law" means a by-law giving the owner of a lot exclusive rights to the use and enjoyment of, or other special rights over, the common property of a community title scheme or part of the common property.

"land sublease"—see the Planning Act 2023

, dictionary.

"lot"—

        (a)     means a parcel of land registered under the Land Titles Act 1925

; but

        (b)     does not include a land sublease other than a declared land sublease.

"lot entitlement schedule"—see section 7 (h) (Form and content of management statements).

"manager", of a community title scheme, means a person appointed by the body corporate of the scheme under section 44.

"mortgage" includes a charge on a lot, or an interest in a lot, for securing money or money's worth.

"mortgagee in possession", of a lot in a community title scheme, means a mortgagee who has taken steps to enforce a mortgage of the lot and has told the body corporate of the mortgagee's intention to enforce the mortgage (whether or not the mortgagee has actually gone into possession of the lot), but does not include a mortgagee who has told the body corporate of a decision not to continue with the enforcement of the mortgage.

"occupier", of a lot included in a community title scheme, means—

        (a)     a resident owner or resident sublessee of the lot, or someone else who lives on the lot; or

        (b)     a person who occupies the lot for business purposes or works on the lot in carrying on a business from the lot.

"ordinary resolution", of a body corporate, means a resolution passed at a properly called meeting of the members of the body corporate by a majority of the votes of members present and voting at the meeting.

"owner", of a lot in a community title scheme, means the person who is (or is entitled to be) the registered owner of the lot, and, if 2 or more people are the registered owners (or are entitled to be the registered owners) of the lot, includes each of them.

"plan" means a community title master plan.

"prospective owner", of a lot in a community title scheme, means a person who has entered into a contract to buy an existing or future lot in the scheme.

"reviewable decision", for division 13.1 (Notification and review of decisions)—see section 93.

"road"—see the Road Transport (General) Act 1999

, dictionary.

"schedule lot entitlement", for a lot in a community title scheme, means the number allocated to the lot in the lot entitlement schedule for the scheme.

"scheme"—

        (a)     for this Act generally—means a community title scheme; and

        (b)     for division 12.2—see section 88.

"scheme A", for division 11.2 (Amalgamation process)—see section 80.

"scheme B", for division 11.2 (Amalgamation process)—see section 80.

"scheme C", for division 11.2 (Amalgamation process)—see section 80.

"scheme land", of a community title scheme, means the land the subject of the scheme.

"statutory easement" means an easement under part 10.

"subsidiary scheme", for part 11 (Amalgamation of community title schemes)—see section 77.

"termination issues", for part 12 (Termination of community title schemes)—see section 87.

"unanimous resolution", of a body corporate, means a resolution passed at a properly called meeting of the members of the body corporate against which no member of the body corporate casts a dissenting vote.

"units plan"—see the Unit Titles Act 2001

, dictionary.

"utility infrastructure" means cables, wires, pipes, sewers, drains, ducts, plant and equipment by which lots are supplied with utility services.

"utility service" means—

        (a)     water reticulation or supply; or

        (b)     gas reticulation or supply; or

        (c)     electricity supply; or

        (d)     air conditioning; or

        (e)     telephone service; or

        (f)     a computer or television service; or

        (g)     a sewer system; or

        (h)     drainage; or

              (i)     a system for the removal of garbage or waste; or

        (j)     another system or service designed to improve the amenity, or increase the enjoyment, of privately owned lots or common property.

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