New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 159

159 Exemption by Tribunal from building insurance requirements

(1) The Tribunal may, on application by an association required by this Part to insure a building or structure, by order exempt the association--

(a) from compliance with the requirements to insure unconditionally, or

(b) with the written consent of the association, from compliance with those requirements subject to a condition that the association takes out insurance for the building or structure that is specified in the order.

(2) The Tribunal must not make an order unless--

(a) it is of the opinion that compliance with the requirements to insure is unnecessary or impracticable, and

(b) each other person required to insure the building or structure has consented in writing to the making of the order or has, before the making of the order, been given an opportunity to make representations to the Tribunal with respect to the application for the order.

(3) An association may apply for an order, or give a consent for the purposes of this section, only in accordance with a unanimous resolution.