Northern Territory Consolidated Acts

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REAL PROPERTY (UNIT TITLES) ACT - SECT 7

Requirements for registration of units plans

7. Requirements for registration of units plans

(1) The Registrar-General must, after payment of the prescribed fee and lodgement with the Registrar-General within the period referred to in section 21 of the Unit Titles Act of:

(a) an application in accordance with the appropriate form; and

(b) 3 copies of the units plan complying with section 6A and endorsed under section 20 of the Unit Titles Act by the Surveyor-General; and

(c) the certificate as to title for the relevant parcel or, in relation to an application in respect of the second or subsequent stage of a condominium development, the certificate as to title for the relevant unit; and

(d) the written consent of each person whose consent is required for the registration of the units plan under the provisions applied under subsection (1A);

register the units plan.

(1A) For this section, the provisions in section 52(2) to (11) of the Land Title Act (the applied provisions ) apply with the following changes:

(a) a reference in the applied provisions to the plan is taken to be a reference to the units plan;

(b) a reference in section 52(3) of the applied provisions to the lot to be subdivided or a lot to be consolidated is taken to be a reference to the parcel to which the units plan relates;

(c) a reference in section 52(10) and (11) of the applied provisions to a subdivision or consolidation is taken to be a reference to the subdivision to which the units plan relates;

(d) if the consent of any of the following would otherwise be required for the registration of the units plan under the applied provisions, the consent is not required:

(i) a service authority as defined in section 3(1) of the Planning Act ;

(ii) a referral authority as defined in section 60(1) of that Act for a planning scheme;

(iii) a person who has consented in writing to the proposal to which the units plan relates.

(1B) Subsection (1A)(d)(iii) has no effect for a person if:

(a) the proposal has been changed; and

(b) the person has not consented to the change.

(1C) Section 210 of the Land Title Act applies with necessary changes for the issuing of Registrar-General's directions for the applied provisions.

(2) Subject to subsections (1A) to (1C), the registered proprietor of an estate or interest in a parcel of land to which a units plan for a condominium development relates is taken to have consented to the units plan if:

(a) the units plan relates to a second or subsequent stage of the condominium development, the first stage of which has been, before or after the commencement of the Real Property (Unit Titles) Amendment Act 1998 , registered; or

(b) he or she gave written consent for the applied provisions, or section 11(3) of the Unit Titles Act as in force immediately before the commencement of the amendment of that Act by the Land Title and Related Legislation Amendment Act 2008 , to the proposed subdivision to which the units plan relates; or

(c) he or she became the registered proprietor of the estate or interest after the registration of a disclosure statement under section 9J in relation to the condominium development to which the units plan relates.



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