Australian Capital Territory Consolidated Acts

COMMUNITY TITLE ACT 2001 - SECT 10

    (1)     The planning and land authority may approve a community title scheme proposal if satisfied that—

        (a)     the proposal is in accordance with section 8 (Community title scheme proposal—application for approval); and

        (b)     the proposed community title scheme complies with section 5 (2) and (3) (Community title schemes); and

        (c)     the proposed lot entitlement schedule is reasonable having regard to the prospective relative values of the lots to be included in the scheme that are not to be common property.

    (2)     The planning and land authority may refuse to approve a community title scheme if the lessee of a lot proposed to be included in the scheme is in breach of the lease, or a provision of (or requirement under) the Planning and Development Act 2007 that applies to the lessee because the lessee is the lessee of the lot.

    (3)     The planning and land authority may refuse to approve a community title scheme proposal if the proposal is inconsistent with a heritage guideline or heritage direction under the Heritage Act 2004 .