Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (UNIVERSITY OF CANBERRA AND OTHER LEASES) LEGISLATION AMENDMENT ACT 2015 (NO. 19 OF 2015) - SECT 127

substitute

167A     Grant of further leases—generally

    (1)     This section applies if the owners corporation of a units plan intends to apply for the grant of a further lease of the units and common property in the units plan under—

        (a)     the Planning and Development Act 2007

, section 254; or

        (b)     for a units plan that subdivides land under a declared land sublease—section 167AA.

    (2)     The owners corporation must—

        (a)     hold a general meeting; and

        (b)     include in the notice of the general meeting a statement to the effect that—

              (i)     it intends to apply for the further leases; and

              (ii)     to allow the further leases to be granted, each owner of a unit in the units plan must give the certificate of title for the lease of the unit to the registrar-general; and

        (c)     at the meeting, seek authority by ordinary resolution, if the owners corporation applies for the grant of the further leases—

              (i)     to notify the registrar-general in writing about the application (a further lease notice ) accompanied by evidence of the resolution; and

Note 1     The Unit Titles (Management) Act 2011

, sch 3, s 3.19 sets out requirements for evidence of resolutions of owners corporations.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

              (ii)     to do anything else necessary on behalf of an owner of a unit to ensure the grant of the further leases.

Examples—par (c) (ii)

1     deal with a mortgagee in relation to the unit to obtain the mortgagee's consent to the application for the further lease

2     sign on behalf of a unit owner any document required by the registrar-general to ensure the grant of a further lease

Note 1     If a form is approved under s 180 for this provision, the form must be used.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     Subsection (4) applies if—

        (a)     the owners corporation gives the registrar-general a further lease notice; and

        (b)     the certificate of title, or other evidence of title, for a lease to which the further lease notice relates is not given to the registrar-general within 28 days after the further lease notice is given to the registrar-general.

    (4)     For the Land Titles Act 1925

, section 86 (5) (Surrender of lease), the certificate of title for the lease is taken to have been given to the registrar-general.

167B     Declared land subleases—surrender of leases in units without grant of further leases

    (1)     This section applies if a units plan subdivides land under a declared land sublease.

    (2)     The owners corporation may, on behalf of the unit owners, surrender the leases with the written consent of the Crown lessee.

Note     If a lease is subject to a registered mortgage or encumbrance, the mortgagee or encumbrancee must also consent to the surrender (see Land Titles Act 1925

, s 86 (7)).

    (3)     If a lease is surrendered under subsection (2), the Land Titles Act 1925

, section 88H (Surrender etc of land sublease—payment for improvements) applies.