(c) became unreasonable because of a change in the
permitted land use, being a change (for example, because of a rezoning) in the
ways in which the whole or any part of the parcel could lawfully be used,
whether with or without planning approval.
(2) Matters to be taken into
consideration In making a determination under this section, the Tribunal is to
have regard to the respective values of the lots and to such other matters as
the Tribunal considers relevant.
(3) Persons who may apply for order An
application for an order under this section may be made by any of the
following--
(d) the local council, or
by any other public authority or statutory body representing the Crown, being
an authority or body that is empowered to impose a rate, tax or other charge
by reference to a valuation of land.
(4) Application to be accompanied by
valuation An application for an order must be accompanied by a certificate
specifying the valuation, at the relevant time of registration or immediately
after the change in the permitted land use, of each of the lots to which the
application relates.
(5) Qualifications of person making valuation The
certificate must have been given by a person who is a qualified valuer within
the meaning of the Strata Schemes Development Act 2015 .
(6) Ancillary
orders that may be made if original valuation unsatisfactory The Tribunal may,
if it makes an order allocating unit entitlements that were not allocated in
accordance with a valuation of a qualified valuer and, in the opinion of the
Tribunal, were allocated unreasonably by an original owner, also order--
(a)
the payment by the original owner to the applicant for the order of the costs
incurred by the applicant, including fees and expenses reasonably incurred in
obtaining the valuation and the giving of evidence by a qualified valuer, and
(b) the payment by the original owner to any or all of the following people of
the amounts (if any) assessed by the Tribunal to represent any overpayments
(due to the unreasonable allocation) for which liability arose not earlier
than 6 years before the date of the order--
(7) Lodgment of order The owners corporation must ensure that a copy of
an order made by the Tribunal under this section is lodged with the
Registrar-General no more than 6 months after the order is made. Nothing in
this section prevents a person who is entitled to apply for an order under
this section from lodging a copy of an order made under this section.
Note :
Section 246 contains provisions with respect to the recording of an order made
under this section.
