Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 154

    (1)     This section applies if—

        (a)     after the registration of a units plan, a building on the parcel is damaged or destroyed, unless the damage or destruction happens in the course of the demolition or development of the building; and

        (b)     the territory planning authority has given—

              (i)     a development approval under the Planning Act 2023

, chapter 7 for a development consisting of the reinstatement or elimination of any unit or building (or part of a unit or building) on the parcel (a  unit redevelopment ); or

              (ii)     if the unit redevelopment is exempt from the requirement to obtain development approval under the Planning Act 2023

, chapter 7—a certificate under subsection (4); and

        (c)     a cancellation authority or cancellation order for the units plan is not in force; and

        (d)     an application for a cancellation authority or cancellation order for the units plan is not pending.

    (2)     If this section applies, the owners corporation authorised by an ordinary resolution, or a unit owner, may apply to the ACAT for an order (a provisional building damage order ) approving a building damage scheme incorporating the unit redevelopment.

    (3)     The application must be accompanied by—

        (a)     the proposed building damage scheme; and

        (b)     as the case requires—

              (i)     a copy of the development approval mentioned in subsection (1) (b) (i), certified by the territory planning authority as a true copy; or

              (ii)     a copy of the certificate mentioned in subsection (1) (b) (ii).

    (4)     On application by the applicant for the provisional damage order, if the territory planning authority is satisfied that approval under this Act or any other relevant territory law for the unit redevelopment would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the units plan as it is proposed to be altered by the unit redevelopment, the authority must give the applicant a certificate to that effect.

Note 1     A fee may be determined under s 179 for this section.

Note 2     If a form is approved under s 180 for an application, the form must be used.