COMMUNITY TITLE ACT 2001 - SECT 89 Termination of schemes

COMMUNITY TITLE ACT 2001 - SECT 89

    (1)     The scheme may be terminated if—

        (a)     the body corporate by unanimous resolution decides to terminate the scheme; and

        (b)     so far as necessary for the effective termination of the scheme, an agreement about termination issues is entered into between—

              (i)     all registered proprietors of scheme land; and

              (ii)     each lessee under a registrable sublease to which scheme land is subject.

    (2)     Alternatively, the scheme may be terminated if the Supreme Court decides it is just and equitable to terminate the scheme and orders that the scheme be terminated.

    (3)     If the scheme is, or is to be, terminated under an order of the Supreme Court, the court may make an order, so far as is necessary for the effective termination of the scheme, about termination issues.

    (4)     The court may make an order under subsection (2) or subsection (3) on application by—

        (a)     the body corporate; or

        (b)     the owner of a lot in the scheme.

    (5)     In making an order under this section, the court may appoint an administrator and give the administrator authority to put the order into effect in the way directed by the court.

    (6)     In making an order under this section, the court may take into account the views of the following:

        (a)     a person mentioned in subsection (1) (b);

        (b)     the Minister;

        (c)     the territory planning authority.