Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"administrator" means an administrator appointed under section 90.
"building", in relation to proposals for subdivision, includes a building proposed to be erected.
"building development" means the subdivision under this Act of a parcel and its development in accordance with a disclosure statement as defined in section 26ZF.
"Building Development Parcel" means a parcel to be subdivided into building lots and common property in accordance with Part IVC.
"building development plan" means a building development plan of subdivision lodged under section 26ZI.
"building lot" means a part of a Building Development Parcel that may be further subdivided into common property and 2 or more units in accordance with Part III or IVA.
"building management corporation" means a body corporate constituted under section 28(1).
"committee" means the committee of a corporation constituted by section 32.
"committee-man" means a member of a committee.
"common property" means so much of a parcel as is not within a unit.
"condominium development" means the subdivision under this Act of a parcel and its development in stages in accordance with a disclosure statement as defined in section 26A.
"corporation" means a body corporate constituted under section 27 or 28.
"estate development" means the subdivision under this Act of a parcel and its development (whether or not in stages) in accordance with a disclosure statement as defined in section 26N.
"estate management corporation" means a body corporate constituted under section 27(1) in relation to an estate development.
"floor" includes a stairway and ramp.
"floor area", in relation to a cubic space, means the area occupied on a horizontal plane by the base of that cubic space.
"floor plan", in relation to a building, means a plan, consisting of one or more sheets, which:
(a) defines by lines (in paragraph (c) of this definition referred to as base lines ) the base of each vertical boundary of every cubic space forming the whole of a proposed unit, or the whole or any part of a proposed unit, to which the plan relates;
(b) shows:
(i) the floor area of such cubic space; and
(ii) where the cubic space forms part only of a proposed unit, the aggregate of the floor areas of every cubic space that forms part of the proposed unit; and
(c) where proposed units or parts of proposed units to which the plan relates are superimposed on other proposed units or parts of proposed units to which the plan relates:
(i) shows the base lines in respect of the proposed units or parts of the proposed units that are so superimposed separately from those in respect of the other proposed units or parts of proposed units upon which they are superimposed; and
(ii) specifies, by reference to floors or levels, the order in which that super-imposition occurs,
and, in relation to an estate development, means a lot plan of the lots and common property into which the parcel is or is proposed to be subdivided.
"general meeting" means a general meeting of a corporation.
"improved capital value" means the amount which a unit might be expected to realise if offered for sale on such reasonable terms and conditions as a seller in good faith would require, but in relation to a unit being premises occupied for trade, business or manufacturing purposes, does not include the value of plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed without causing structural damage to the premises.
"improvements" includes fittings and fixtures.
"licensed surveyor" means a licensed surveyor within the meaning of the Licensed Surveyors Act 1983 .
"location plan" means a plan, consisting of one or more sheets, which relates to land and delineates the perimeter of that land and, in relation to that perimeter, the location, drawn to scale, of all buildings erected or proposed to be erected on that land and of any part of a proposed unit not within a building.
"majority resolution", see section 7(6).
"management module" means a management module prescribed by regulation under section 58.
"member" means a member of a corporation.
"mortgage" means a mortgage within the meaning of the Land Title Act 2000 , and mortgaged has a corresponding meaning.
"mortgagee" means the registered proprietor of a mortgage.
"ordinary resolution", see section 7(7).
"original proprietor", in relation to a units plan, means the person by whom the parcel was held at the time of registration of the units plan.
"parcel" means the whole of the land comprised in a proposal for the subdivision of a parcel of land or in a units plan, as the case may be and, in relation to a condominium development or an estate development to be completed in stages, where the context so requires, includes the land comprised in the parcel other than that comprised in a previously completed stage of the condominium development.
"proprietor", in relation to a unit, means the registered proprietor.
"registered" means registered in the Register:
(a) under the Land Title Act 2000 ; or
(b) under the Real Property (Unit Titles) Act 1975 ,
and register and "registration" have corresponding meanings.
"Registrar-General" includes an acting or Deputy Registrar-General.
"resolution without dissent", see section 7(5).
"schedule of unit entitlement" means the schedule referred to in section 11, 21D or 26C(2)(f).
"schemes supervisor", see section 5 of the Unit Title Schemes Act 2009 .
"special resolution", see section 7(8).
"stage", in relation to an estate development, means a separate part of land into which the Estate, as defined in section 26N(1), is subdivided and in respect of which the relevant consent authority has certified under section 65 of the Planning Act 1999 that the requirements of that Act have been complied with.
"structural cubic space" means:
(a) cubic space occupied by a vertical structural member, not being a wall, of a building;
(b) pipes, wires, cables or ducts in a building not for the exclusive enjoyment of one unit; or
(c) cubic space enclosed by a structure enclosing such pipes, wires, cables or ducts.
"Surveyor-General", see section 4 of the Licensed Surveyors Act 1983 .
"Tribunal" means the Civil and Administrative Tribunal.
"unanimous resolution", see section 7(4).
"unit", except in Part III and subject to section 26P, means one or more cubic spaces forming part of the parcel to which a units plan relates, the base of each such cubic space being designated as one unit on the floor plan which is part of the units plan, being cubic space the base of the vertical boundaries of which is as delineated on that floor plan and which has horizontal boundaries as ascertained under subsection (2), but does not include a structural cubic space unless it has boundaries described as prescribed and it is described in the floor plan as part of a unit.
"unit entitlement", in relation to a unit, means the number specified in the schedule of unit entitlement as the unit entitlement for the unit, being a whole number that represents, as nearly as practicable, the proportion that the value of the unit bears to the aggregate value of the units contained in the units plan where the value of each unit is established by reference to its improved capital value at the date the schedule of unit entitlement is certified for the purposes of section 11(1)(b), 21D or 26C(2)(f).
"units plan" means all the documents referred to in section 20(1) and endorsed under that section, being documents relating to the subdivision of the relevant parcel and, in the case of a units plan relating to a completed stage of a condominium development or an estate development, includes all those documents relating to that completed stage and all previously completed stages of the condominium development or an estate development.
"valuer" means a valuer within the meaning of the Valuation of Land Act 1963 , and includes the Valuer-General.
"wall" includes a door, window or other structure dividing a unit from common property or from another unit.
Note for subsection 4(1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) The boundaries of a cubic space referred to in paragraph (a) of the definition of floor plan in subsection (1):
(a) except as provided in paragraph (b) of this subsection are:
(i) in the case of a vertical boundary where the base of a wall corresponds substantially with a line referred to in paragraph (a) of that definition – the inner surface of that wall; and
(ii) in the case of a horizontal boundary where a floor or ceiling joins a vertical boundary of that cubic space – the upper surface of that floor and the under surface of that ceiling; or
(b) are such boundaries as are described on a sheet of the floor plan relating to that cubic space (those boundaries being described in the prescribed manner by reference to a wall, floor or ceiling in the building to which that floor plan relates or to structural cubic space within that building).
(3) A reference in this Act to cubic space includes a reference to space contained in any three-dimensional geometric figure.
(4) The fact that a boundary is defined in a units plan in terms of or by reference to:
(a) a wall that is not vertical; or
(b) a floor or ceiling that is not horizontal,
does not prevent that plan from being a floor plan.
(5) A reference in this Act to:
(a) a units plan, a units plan of subdivision, a units plan of consolidation or a building alteration plan is a reference to a plan registered as such; or
(b) a notice of conversion is a reference to a notice registered as such,
together with all endorsements required to be made on, and all plans and documents required to accompany, the plan or notice before it may be registered.
(6) A reference in this Act to a subdivision of a unit or common property is a reference to the alteration of the boundaries of:
(a) one or more units so as to create 2 or more different units;
(b) one or more units so as to create one or more different units and common property;
(c) one or more units and common property so as to create one or more different units or one or more different units and common property; or
(d) common property so as to create one or more units,
but does not include a reference to the consolidation of 2 or more units into one unit or the conversion of one or more units into common property.
(7) A reference in this Act to a unit includes a reference to all unit subsidiaries appurtenant to that unit before the commencement of section 3 of the Unit Titles Amendment Act 1986 .
(8) A reference in this Act to a schedule of unit entitlement certified by a valuer means that the valuer certifying the schedule has established the unit entitlement of each unit appearing in the schedule by reference to the improved capital value of the units at the date of certification.
(9) In section 7, Parts IIIA, V, VA, VI, VII, VIII and IX and Schedule 1, unless the contrary intention appears:
(a) a reference to units is to be read as including a building lot; and
(b) a reference to units plan is to be read as including a reference to a building development plan.