Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 30

    (1)     After a units plan that is subject to a staged development has been registered, and before the development is completed, the lessee of the parcel immediately before registration may apply to the territory planning authority for the amendment of the development statement.

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.

    (2)     If the amendment of the development statement only affects an uncompleted stage of a staged development, the territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—

        (a)     the applicant has obtained the written agreement to the amendment of each person with an interest in a unit in that part of the parcel comprising the uncompleted stages of the development (except any interested person to whom subsection (3) applies); and

        (b)     any change of unit or common property boundaries provided for by the amendment is a minor boundary change within the uncompleted stages of the development.

    (3)     The territory planning authority may amend the development statement under subsection (2) despite the applicant's failure to obtain an interested person's agreement if the authority is satisfied on reasonable grounds that—

        (a)     the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and

        (b)     either—

              (i)     the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or

              (ii)     despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in that part of the parcel comprising the uncompleted stages of the development.

    (4)     If subsection (2) does not apply, the territory planning authority may amend the development statement as applied for if satisfied on reasonable grounds that—

        (a)     the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is given to the authority; and

        (b)     the applicant has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (5) applies); and

        (c)     any change of unit or common property boundaries provided for by the amendment is a minor boundary change.

    (5)     The territory planning authority may amend the development statement under subsection (4) despite the applicant's failure to obtain an interested nonvoter's agreement if the authority is satisfied on reasonable grounds that—

        (a)     the applicant has made reasonable efforts to obtain the agreement; and

        (b)     either—

              (i)     the interested nonvoter would not suffer any substantial long-term detriment because of the proposed amendment; or

              (ii)     despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the units and the common property.

    (6)     The territory planning authority may refuse to amend the development statement if, in the authority's opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone's amenity while it is taking place.

Examples of people whose amenity may be affected

1     owners or occupiers of units

2     owners or occupiers of nearby premises

3     members of the public who regularly use the surrounding area

    (7)     The territory planning authority may authorise the amendment of the schedule of unit entitlement to reflect a change of boundaries if—

        (a)     the amendment of the development statement requires the change of boundaries; and

        (b)     the authority is satisfied, on reasonable grounds, that the amendment is necessary to reflect accurately a change in the relative improved values of the units.

    (8)     If the territory planning authority authorises the amendment of the schedule of unit entitlement under this section—

        (a)     the authority must—

              (i)     endorse the amended schedule of unit entitlement; and

              (ii)     give a notice of authorisation to the lessee; and

        (b)     the lessee must lodge with the registrar-general—

              (i)     the endorsed amended schedule of unit entitlement; and

              (ii)     the notice of authorisation.

    (9)     If the territory planning authority amends the development statement under this section—

        (a)     the authority must endorse the amended development statement; and

        (b)     the lessee must lodge with the registrar-general the endorsed amended development statement.