Australian Capital Territory Current Acts

COMMUNITY TITLE ACT 2001 - SECT 27

    (1)     In this section:

"interested person" means each of the following:

        (a)     the developer of the community title scheme;

        (b)     the body corporate;

        (c)     an owner or prospective owner of a lot of scheme land;

        (d)     for scheme land under a declared land sublease—the Crown lessee;

        (e)     the registrar-general;

        (f)     anyone else who has, in the Supreme Court's opinion, a proper interest in the scheme.

    (2)     The Supreme Court may, on application by an interested person, order that a community title scheme be amended if satisfied that it is impossible or impracticable to finish the scheme as proposed in the master plan and management statement.

    (3)     The applicant must give notice of the application to each other interested person.

    (4)     An interested person may appear and be heard in the proceeding.

    (5)     The Supreme Court may make an order—

        (a)     extending the time for completion of 1 or more stages of the community title scheme; or

        (b)     changing the order in which the various stages of the scheme are to be finished; or

        (c)     amending the scheme in other ways to ensure (so far as practicable) its successful completion.

    (6)     An order may also—

        (a)     provide for the payment of compensation in addition to, or instead of, damages or compensation to which a person would otherwise be entitled; and

        (b)     amend rights and obligations arising under this Act in relation to the community title scheme; and

        (c)     make any other provision the Supreme Court considers just and equitable.

    (7)     The Supreme Court may, on application by an interested person, amend or revoke an order under this section.

    (8)     Subsections (3) and (4) apply to an application to amend or revoke an order under this section.

    (9)     A copy of an order under this section (including an order amending or revoking an earlier order) must be lodged with the registrar-general by the person who obtained the order.

Note     A fee may be determined under the Land Titles Act 1925

, s 139 for this subsection.

    (10)     The registrar-general must register the order and, on registration, it becomes part of the scheme.