Northern Territory Numbered Acts Northern Territory Numbered Acts(1) An exclusive use by-law is a by-law:
(a) that directly allocates special rights about specified common property or body corporate assets (other than utility infrastructure) to a specified unit; or
(b) that provides for the allocation of the special rights to a unit to be decided by 1 or more specified persons (including, for example, the body corporate of a subsidiary scheme).
(2) A subsequent scheme statement may include or omit an exclusive use by-law only if:
(a) the body corporate agrees to the inclusion or omission by a unanimous resolution; or
(b) if the by-law directly allocated special rights to a unit when the unit owner or unit occupier was the body corporate manager, a service contractor or a letting agent:
(i) the unit owner agrees to the inclusion or omission; or
(ii) the Local Court makes an order requiring the registration of the subsequent scheme statement under section 98 .
(3) The body corporate must lodge the subsequent scheme statement:
(a) within 1 month after the agreement mentioned in subsection (2)(a) or (b)(i) is made; or
(b) within the time specified in the order mentioned in subsection (2)(b)(ii).
Fault element: Strict liability offence.
Maximum penalty: 100 penalty units.
(4) Despite subsection (2), during the original owner control period, a subsequent scheme statement must not:
(a) omit an exclusive use by-law that is included in the first scheme statement (the original exclusive use by-law ); or
(b) include another exclusive use by-law that changes the effect of the original exclusive use by-law.
(5) An allocation of special rights under an exclusive use by-law ceases to have effect if:
(a) a subsequent scheme statement omitting the by-law is registered; or
(b) for an allocation under subsection (1)(b) – the allocation is revoked under the by-law.
(6) The management module may provide for the exercise of the special rights under the allocation (including, for example, the obligations of a person exercising the rights).
(7) This section does not prevent a further allocation under subsection (1) of special rights that have been allocated to a unit that is the scheme land of a subsidiary scheme.
Example for subsection (7)
An exclusive use by-law of a layered scheme allocates the use of car parks to a unit that is the scheme land of a subsidiary scheme. The body corporate of the subsidiary scheme may make an exclusive use by-law allocating specific car parks to units of the subsidiary scheme.