Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) a reference to a unit shall be read as a reference to either of the following:
(i) a part of the parcel, being a part of a building, bounded by reference to floors, walls and ceilings; or
(ii) a part of the parcel unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel; and
(b) a reference to a unit subsidiary shall be read as a reference to either of the following:
(i) a part of the parcel, being a building or part of a building consisting only of a utility room, laundry, store-room, balcony, verandah, porch, stairway, shed, garage or car port; or
(ii) a part of the parcel suitable for any 1 or more of the following purposes, namely, a parking area for vehicles or a garden, lawn or yard, and unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel.
11. (1) The lessee under a lease of a parcel of land granted under, or continued in force by, the Land Act or under a lease of a parcel of land referred to in subsection 98 (1A) may apply to the Minister for approval of proposals for the subdivision of the parcel under this Act.
(1A) An application under this section shall be accompanied by the determined fee.
(2) The proposals shall provide for the subdivision of the parcel into not less than 2 units and common property, and may provide for 1 or more than 1 unit subsidiary appurtenant to a unit.
(3) Where the proposals provide for a unit subsidiary, it shall be appurtenant to a specified unit, whether or not it is contiguous to that unit.
(4) An uncovered balcony or uncovered stairway that is not shown in the proposals as part of a Class B unit shall, unless it is to be common property, be shown in the proposals as a unit subsidiary and not as part of a unit.
(5) Any land contiguous to a Class A unit or to a unit subsidiary (being a unit subsidiary consisting of a building or part of a building) shall not be shown in the proposals as part of that unit or unit subsidiary but nothing in this subsection prevents that land from being a unit subsidiary, part of a Class B unit or common property.
(6) For the purposes of subsection (5), “land” does not include—
(a) a building or part of a building; or
(b) land upon which a building or part of a building is situated.
12. (1) The proposals shall include—
(a) diagrams showing the manner in which it is proposed to subdivide the parcel and—
(i) showing, in respect of each unit, whether it is a Class A unit or a Class B unit;
(ii) showing the unit subsidiary or unit subsidiaries (if any) appurtenant to each unit;
(iii) allotting to each unit a number; and
(iv) allotting to each unit subsidiary the number of the unit to which it is appurtenant and the letter “S” and, if there are 2 or more unit subsidiaries appurtenant to the same unit, an additional number for each unit subsidiary;
(b) a schedule specifying—
(i) in respect of each unit—a whole number, being the unit entitlement proposed for that unit;
(ii) a whole number, being the aggregate unit entitlement proposed for all the units; and
(iii) the rent (however expressed) that it is proposed will be reserved under the lease of each unit; and
(c) where the proposals provide for the erection or alteration of, or an addition to, a building—a copy of the plans and specifications for the erection, alteration or addition.
(2) Where the proposals provide for a unit subsidiary, the diagrams shall show whether it is a utility room, laundry, store-room, balcony, verandah, porch, stairway, shed, garage, car port, parking area, garden, lawn or yard.
13. (1) The diagrams referred to in paragraph 12 (1) (a) shall include—
(a) a diagram showing—
(i) the boundaries of the parcel;
(ii) the boundaries at ground level, or, in an appropriate case, the boundaries projected to ground level, of the extremities of each building on the parcel; and
(iii) if the proposals include provisions for the subdivision of the parcel into Class B units—the boundaries of each of those units,
so drawn that the relationship of those boundaries to one another is shown;
(b) where the proposals provide for a building to be so subdivided that 1 Class A unit is wholly or partly above another Class A unit—a separate diagram for each floor of the building showing sufficient particulars, at floor level, from which the vertical boundaries of each unit on that floor are ascertainable, without necessarily specifying any bearings or dimensions;
(c) where the proposals provide for a building to be subdivided into 2 or more Class A units otherwise than in the manner referred to in the paragraph (b)—a diagram showing sufficient particulars, at floor level, from which the vertical boundaries of each unit are ascertainable, without necessarily specifying any bearings or dimensions; and
(d) where the proposals provide for a Class B unit that is limited in its vertical dimensions by a projection above, or encroachment below, ground level by another part of the parcel—a statement on the diagram on which the unit is shown to the effect that the unit is so limited and stating the nature of the limitation.
(2) A diagram referred to in paragraph (1) (b) or (c) shall show the approximate floor area of each unit.
(3) This section applies to and in relation to—
(a) a unit subsidiary consisting of a building or part of a building as if that unit subsidiary were a Class A unit; and
(b) any other unit subsidiary as if that unit subsidiary were a Class B unit.
(4) Subject to paragraph (1) (b), any 2 or more diagrams referred to in that subsection may be combined.
14. (1) Where—
(a) the proposals show a unit as a Class A unit; or
(b) a unit subsidiary consists of a building or part of a building,
the boundaries of the unit or the unit subsidiary, as the case may be, shall be ascertained by reference to its floors, walls and ceilings.
(2) Where—
(a) the proposals show a unit as a Class B unit; or
(b) a unit subsidiary does not consist of a building or part of a building,
the boundaries of the unit or the unit subsidiary, as the case may be, shall be ascertained from the diagrams in the proposals, and the unit or the unit subsidiary, as the case may be, is unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel.
15. (1) Subject to subsection (3) where, in accordance with the proposals, a Class A unit or a unit subsidiary consisting of a building or part of a building is separated from common property, from a unit or from a unit subsidiary by a floor, wall or ceiling, the common boundary between them lies along the centre of that floor, wall or ceiling, as the case may be.
(2) Where a Class A unit or a unit subsidiary consisting of a building or part of a building is bounded by reference to an external wall of the building—
(a) the boundary of that unit or unit subsidiary lies along the centre of that wall; and
(b) so much of that wall as is outside that boundary is common property.
(3) If the proposals specify that a boundary referred to in subsection (1) lies elsewhere than in the position there described, the boundary is as so specified.
16. (1) The Minister shall not approve the proposals unless—
(a) each unit is suitable for separate occupation and for use in a manner not inconsistent with the covenants in the lease of the parcel;
(b) the schedule of unit entitlement is reasonable, having regard to the respective values of the units;
(c) the proposals conform to sections 10 to 15 (inclusive);
(d) the rent proposed to be reserved under the lease of each unit is reasonable in the circumstances of the subdivision;
(da) in the case of a parcel of land currently leased for rural purposes, or purposes including rural purposes—
(i) the Minister has determined criteria under subsection (2A); and
(ii) the proposals are in accordance with those criteria; and
(e) the lessee has paid the determined fee (if any).
(2) In determining the value of a unit for the purposes of paragraph (1) (b), the value of a unit subsidiary or unit subsidiaries appurtenant to the unit shall be taken into consideration.
(2A) A determination of the Minister under subparagraph (1) (da) (i) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .
(3) Subject to subsection (1), the Minister shall approve the proposals if the lessee of the parcel is not in breach of a covenant contained in the lease of the parcel or in breach of a provision of the Land Act or a requirement made under that Act, being a provision or requirement that applies to or in relation to him or her in his or her capacity as the lessee of the parcel, but, if he or she is in breach of such a covenant, provision or requirement, the Minister may, in his or her discretion, approve or refuse to approve the proposals.
(4) Where the Minister refuses to approve proposals on the ground that the rent proposed to be reserved under the lease of 1 or more of the units to which the proposals relate is not reasonable, he or she shall determine, in the case of each of the units to which the proposals relate, the rent that he or she considers reasonable in the circumstances of the subdivision and the rent so determined shall be taken to be a reasonable rent for the purposes of paragraph (1) (d).
(5) In making a determination under subsection (4) of rents in respect of the leases of units, the Minister shall not cause the aggregate of the amounts of all of the rents to be an amount that is more than the amount of the rent payable, at the date of the determination, under the lease of the parcel.
(6) Where the Minister makes a determination under subsection (4), the Minister shall cause to be forwarded to the lessee of the parcel a notice—
(a) setting out particulars of the determination; and
(b) in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
(8) The lessee of a parcel may apply to the Administrative Appeals Tribunal for a review of a determination made by the Minister under subsection (4).
(9) Where, in pursuance of subsection (4), the Minister has determined rents in respect of the leases of units and the aggregate of all of those rents is an amount that is the same as the amount of rent payable, at the date of the
determination, under the lease of the parcel, the Administrative Appeals Tribunal shall not, in reviewing that determination, determine the rents in respect of the leases of those units so as to cause the aggregate of the amounts of all of the rents to be an amount other than that payable, at that date, under the lease of the parcel.
17. (1) Subject to this section, an approval under section 16 shall, in the case of proposals referred to in paragraph 12 (1) (c), be expressed to be subject to the condition that the erection or alteration of, or addition to, the building will be completed in accordance with those proposals within such time as is specified by the Minister in the approval or within such extended time as the Minister from time to time allows.
(2) Subsection (1) does not apply where each of the units and each of the unit subsidiaries (if any) into which it is proposed to subdivide the parcel is a part of the parcel wholly unlimited in its vertical dimensions.
18. (1) Where the Minister has approved the proposals, he or she shall cause to be forwarded to the lessee of the parcel—
(a) notice in writing that he or she has approved the proposals or, if the approval is subject to the condition referred to in section 17, that he or she has approved the proposals subject to that condition being complied with;
(b) a schedule setting out, in relation to each of the units, the rent to be reserved under the lease of the unit and the provisions, covenants and conditions subject to which the lease of the unit is to be held;
(c) a schedule setting out, in relation to the common property, the provisions, covenants and conditions subject to which the lease of the common property is to be held; and
(d) where, in accordance with section 18A, the Minister requires the lessee of the parcel to give security, a notice informing the lessee of that requirement.
(2) A reference in subsection (1) to a unit shall be read as including a reference to a unit subsidiary appurtenant to the unit.
18A. (1) Where the Minister gives his or her approval, not being a conditional approval under section 17, in respect of proposals that provide for the erection or alteration of, or an addition to, a building or buildings, he or she may require the lessee of the parcel of land to give security in accordance with this section for the due completion, within such time as the Minister may allow, of the erection or alteration of, or addition to, the building or buildings.
(2) The security referred to in subsection (1) is a bond to the Territory in accordance with a form approved by the Minister in an amount not exceeding 10% of the total cost of the erection or alteration of, or addition to, the building or buildings with a surety approved by the Minister in the same amount in accordance with a form approved by the Minister.
(3) Where a bond given in pursuance of subsection (1) is forfeited, the Territory shall be entitled to the whole of the moneys specified in the bond or to such lesser amount as the Minister may determine.
(4) Where, in relation to a parcel of land—
(a) the Minister has approved proposals in respect of which security has been given in pursuance of this section;
(b) the units plan in respect of the proposals has been registered; and
(c) the lease or an interest in the lease of a unit, being one of the units into which the parcel has been subdivided, has been transferred or assigned with the consent of the Minister under subsection 180 (2) of the Land Act;
the proposals in so far as they relate to the erection or alteration of, or addition to, a building in respect of that unit shall be disregarded in determining for the purposes of this section whether the erection or alteration of, or addition to, the building or buildings provided for in the proposals has been duly completed.