Cullen Bay Marina Act 1992 (NT)
NORTHERN TERRITORY OF AUSTRALIA
CULLEN BAY MARINA ACT 1992
As in force at 31 July 2020
northern territory of australia
As in force at 31 July 2020
CULLEN BAY MARINA act 1992
An Act relating to the subdivision and management of certain land at Cullen Bay and the obligations and liabilities of certain persons in relation to the development of that land, and for other purposes
This Act may be cited as the
In this Act:
(a) if a lot is subdivided into units under the
Unit Titles Act 1975 – the body corporate of the units plan; and(aa) if a lot is subdivided into building lots under the
Unit Titles Act 1975 – the body corporate of the building development plan; and(ab) if a lot is subdivided into lots within the meaning of Part IVB of the
Unit Titles Act 1975 – the estate management corporation; and(ac) if a lot is subdivided to form the scheme land of a scheme under the
Unit Title Schemes Act 2009 – the body corporate of the scheme; and(b) in all other cases – the owner in fee simple of the lot.
(1) The Developer shall, before lodging a survey plan for the development area with the Surveyor-General, prepare a lot plan in accordance with this section.
(2) The lot plan shall:
(a) show the precalculated dimensions and areas of the lots into which it is proposed to subdivide the development area prepared by a surveyor licensed under the
Licensed Surveyors Act 1983 ;(b) identify the common property;
(c) specify the easements referred to in section 13A;
(d) identify the lots formerly contained in Lot 5555 Town of Darwin that are to be subject to building restrictions in favour of Lot 5556 Town of Darwin;
(e) contain a certificate issued under section 140 of the
Planning Act 1999 stating the lots shown are in accordance with development permits issued under that Act;(f) contain a schedule of lot entitlements prepared in accordance with section 5 and certified correct by the valuer who prepared it;
(g) comply with the
Licensed Surveyors Act 1983 in relation to plan drawing standards;(h) contain such other information, if any, as is prescribed; and
(j) contain a certificate from the Surveyor-General stating that it complies with this section.
(3) The Developer is not entitled to the grant of a freehold title in respect of any land in the development area until the lot plan has been registered by the Registrar-General and the prescribed fee under the
Registration Act 1927 has been paid.
(1) A lot plan may be amended by the preparation of a further plan in accordance with section 3(2) which shall, in addition to the information required under that section, contain the written consent of all lot owners who or whose lots are directly affected by the changes proposed and, where the proposed change results from the revision of a lot entitlement as the result of a determination under section 9, shall be accompanied by the notice referred to in that section.
(2) The Management Corporation, in pursuance of a special resolution as prescribed (or, in relation to an amendment before the first freehold title to a lot is issued, the Developer), may lodge a replacement lot plan with the Registrar-General on payment of the prescribed fee under the
Registration Act 1927 .(3) The Registrar-General shall, on receiving the replacement lot plan, amend the Register under the
Land Title Act 2000 .
A schedule of lot entitlements for the purposes of this Act shall be prepared by a valuer as defined in the
The Registrar-General shall, at the time of registering a lot under the
(1) Except as provided in subsection (3) and the
Planning Act 1999 , a lot (theoriginal lot ) may be further subdivided into the following (thesubdivided lots ):(a) units, building lots under the
Unit Titles Act 1975 , lots under Part IVB of that Act and common property under that Act;(b) units and common property under the
Unit Title Schemes Act 2009 .
(2) The Registrar-General must note on the certificate as to title of each subdivided lot that the lot comprising all the subdivided lots has the lot entitlement of the original lot.
(3) A lot may be further subdivided (otherwise than under the
Unit Titles Act 1975 orUnit Title Schemes Act 2009 ) as prescribed in the Regulations and the relevant entitlement of each part into which it is subdivided shall be determined as prescribed.
(1) There is established, on the issuing by the Registrar-General of the first freehold title to land in the development area, the Cullen Bay Marina Management Corporation.
(2) The Management Corporation:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) subject to this Act, is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Management Corporation affixed to a document and shall assume that it was duly affixed.
(4) The members of the Management Corporation are the owners from time to time of the lots in respect of which freehold titles have issued (including the lots in each successive completed part of the development area).
(5) The Cullen Bay Marina Management Corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.
(1) At any time in the sixth, seventh, eighth or ninth year after the first freehold title to a lot is issued to the Developer, a valuer, as defined in the
Valuation of Land Act 1963 , may, at the request of the Management Corporation, in pursuance of a special resolution as prescribed, for the purposes of confirming or revising the relative lot entitlement of lots, determine the unimproved capital value of each lot and, by notice in writing to the Management Corporation, confirm or revise a unit entitlement of a lot.(2) A notice under subsection (1) shall include a schedule of lot entitlement prepared in accordance with section 5 and certified correct by the valuer.
(1) The Management Corporation is not liable to rectify or maintain the common property until the Developer’s obligation under the development agreement in relation to that rectification or maintenance has expired in accordance with the agreement.
(2) Where the Management Corporation is of the opinion that the Developer has not carried out its obligations under and in accordance with the development agreement in relation to the rectification or maintenance of the common property, it may, by notice in writing to the Minister, require the Territory to enforce the agreement in that regard and the Territory shall, accordingly, enforce the agreement or itself have the work carried out as provided in the agreement.
Notwithstanding any other law of the Territory, neither the Management Corporation nor its members are liable to pay municipal rates in respect of the common property.
The Management Corporation may, in accordance with a special resolution as prescribed and on such terms and conditions as it thinks fit, lease out any part of its common property.
(1) In this Part:
owner , in relation to:(a) a unit or building lot or lot subdivided under Part IVB of the
Unit Titles Act 1975 – means the registered proprietor of the unit, building lot or lot and includes an occupier of the unit; or(aa) a unit under the
Unit Title Schemes Act 2009 – means the unit owner or unit occupier of the unit as defined in section 38 of that Act; or(b) a lot – means the registered proprietor of a lot that has not been subdivided under the
Unit Titles Act 1975 orUnit Title Schemes Act 2009 and includes an occupier of the lot,
and includes:
(c) in the case of an owner who is a natural person – his or her heirs, executors, administrators or assigns or a person in whom the property of the natural person is vested, or by whom that property is controlled, under the
Bankruptcy Act 1966 of the Commonwealth; and(d) in the case of an owner who is a body corporate – its liquidators, receivers, administrators or assigns.
registered means registered:(a) under the
Land Title Act 2000 ; or(b) under the
Real Property (Unit Titles) Act 1975 .
unit means a unit, as defined in theUnit Titles Act 1975 orUnit Title Schemes Act 2009 , located on an area shown on the lot plan as a lot.unit corporation means a body corporate constituted under section 27 or 28 of theUnit Titles Act 1975 , or a body corporate of a unit title scheme under theUnit Title Schemes Act 2009 , in relation to a lot.(2) A reference in this Part to a unit is to be read as including a reference to a building lot.
(1) An application by one or more of the following, for resolution of a dispute based on a claim that there has been a breach of this Act, the Regulations, or By-laws made under this Act by one or more of the following, may be made to the Tribunal:
(a) the Management Corporation;
(b) an owner of a lot or unit;
(c) a mortgagee of a lot or unit; or
(d) a unit corporation.
(2) An application for resolution of a dispute may be made to the Tribunal, based on a claim by an owner of a lot or unit, or a unit corporation, that they have been prejudiced by the wrongful act or default of one of the following:
(a) the Management Corporation;
(b) a committee of the Management Corporation;
(c) a person exercising powers under this Act.
(3) An application for resolution of a dispute may be made to the Tribunal based on a claim by an owner of a lot or unit, or a unit corporation, in relation to the lot, alleging a wrongful act or default of:
(a) an owner of another lot; or
(b) an owner of a unit on another lot; or
(c) the unit corporation in relation to another lot.
(4) An application for resolution of a dispute may be made to the Tribunal if:
(a) the application is made by an owner of a lot or unit, or a unit corporation; and
(b) the applicant claims that a decision of the Management Corporation, a committee of the Management Corporation or a person exercising powers under this Act is unreasonable, oppressive or unjust.
(5) An application for resolution of a dispute may be made to the Tribunal if the dispute:
(a) is between:
(i) an owner of a lot or unit or the unit corporation; and
(ii) the Management Corporation or a committee of the Management Corporation; and
(b) relates to any aspect of the occupation or use of the lot or unit, or of the common property vested in the Management Corporation.
(6) An application for resolution of a dispute may be made to the Tribunal, if the dispute:
(a) is between:
(i) an owner of a lot or unit; and
(ii) an owner of another lot or a unit on another lot, and
(b) relates to any aspect of the occupation or use of the lot or unit or the common property vested in the Management Corporation.
(7) An application may be made to the Tribunal if the dispute:
(a) is between
(i) the registered proprietor of Lot 5556 Town of Darwin; and
(ii) a person mentioned in subsection (1); and
(b) relates to a restrictive covenant imposed under section 14.
12C Tribunal to resolve dispute (1) For resolving the dispute, the Tribunal may make any orders the Tribunal considers appropriate.
(2) Without limiting subsection (1), the Tribunal may make one or more of the following orders:
(a) an order for the payment of money;
(b) an order that a person take, or refrain from taking, specified action;
(c) an order to confirm, vary or reverse a decision of the Management Corporation, a committee of the Management Corporation or a person exercising powers under this Act;
(d) an order that a party to the dispute pay compensation to any other party who has suffered loss because of:
(i) a wrongful act or default referred to in section 12B(2) or (3); or
(ii) an unreasonable, oppressive or unjust decision referred to in section 12B(4); or
(iii) the unlawful or unauthorised use or occupation of a lot or unit or the common property vested in the Management Corporation;
(e) order that the Management Corporation refund to an owner of a lot or unit, or a former owner of a lot or unit, money paid to the Management Corporation by the owner or former owner.
12G Corporation may be represented by person (1) A person who is appointed by the Management Corporation may represent the Management Corporation in proceedings under this Part.
(2) An owner of a lot or unit who is appointed by:
(a) a unit corporation; or
(b) the owner of another lot or unit,
may represent the unit corporation or owner in proceedings under this Part.
This Part does not limit or derogate from any civil remedy at law or in equity.
(1) Where a revetment to that part of the development area known as the mooring basin is contained in a lot, the owner of the lot shall ensure that the revetment is at all times maintained, at the owner’s expense, to a standard not lower than the standard at the time of the completion of the revetment by the Developer.
(2) A person shall not erect a building or structure on or across the revetment, or attach anything to the revetment, except with and in accordance with the approval in writing of the Management Corporation and the standards, if any, prescribed in the By-laws.
(3) It is a condition of every approval given under subsection (2) that the person will, on being so directed by notice in writing by the Management Corporation, remove a building, structure or thing referred to in that subsection from or from across the revetment, at the person’s own expense and within the time specified in the notice, where, in the opinion of the Management Corporation, its removal is necessary for the proper maintenance of the revetment.
(4) Where:
(a) a building or other structure has been constructed on or across the revetment; or
(b) a thing has been attached to a revetment,
otherwise than in accordance with subsection (2), or
(c) an improvement (other than a building or structure) has been placed on or fixed to the revetment otherwise than as permitted by the By-laws,
the Management Corporation may, by notice in writing, direct the owner of the lot to remove it within such reasonable time as is specified in the notice and the owner shall comply with the direction.
Maximum penalty: If the offender is a natural person –100 penalty units and 2 penalty units for each day during which the offence continues.
If the offender is a corporation – 500 penalty units and 10 penalty units for each day during which the offence continues.
The owner of each lot has against the owner of each adjoining lot an easement of support and, without limiting the generality of that right, the right includes the right to the support of the revetment on his or her lot by the revetment on an adjoining lot.
(1) Subject to subsections (2) and (3), for the purposes of imposing a restrictive covenant on the use of a lot the common property shall be deemed to be the dominant tenement for the benefit of which the covenant is imposed (notwithstanding that no part of the common property may be contiguous to the lot), and the burden of the covenant shall run with the land comprised in the lot.
(2) The Minister shall, in issuing freehold title in respect of lots identified as provided in section 3(2)(d), ensure that each title is issued subject to a restrictive covenant in favour of Lot 5556 Town of Darwin so that a building any part of which is above the height of 8 metres above the level of Bench Mark 422 located on the abutment of the Stokes Hill Wharf in Darwin Harbour may not be constructed on the lot.
(3) Lot 5556 Town of Darwin shall be deemed to be the dominant tenement for the benefit of which the covenant referred to in subsection (2) is imposed (notwithstanding that no part of Lot 5556 is contiguous to a lot), and the burden of the covenant shall run with the land comprised in the lots.
(1) The Management Corporation may, by special resolution as prescribed, in respect of the development area, make By-laws, not inconsistent with this or any other law of the Territory, relating to:
(a) the management, use and maintenance of the development area;
(aa) the health and safety of persons;
(b) the control of vehicles in areas that are not part of the public roadways;
(c) the control of vessels;
(d) the control of wharfs and berths;
(e) the control of polluting substances and pollution control and clean-up;
(f) the imposing and collection of dues and other fees and charges incidental to the management, use and maintenance of the common property;
(g) noise and other nuisance control;
(h) the enforcement of the By-laws and prosecuting persons for offences against the By-laws;
(i) the duties of owners and occupiers of lots; and
(j) such other matters as are necessary or convenient to be provided for by by-laws.
(2) The By-laws may prescribe maximum penalties, not exceeding 100 penalty units, for a contravention of, or failure to comply with, the By-laws and, in addition, may prescribe a maximum penalty, not exceeding one penalty unit, for each day during which the offence continues.
(3) A pecuniary penalty recovered on prosecution for an offence against the By-laws is payable to the Management Corporation and may be recovered by it as a debt due to it.
(3A) Nothing in the By-laws limits or otherwise affects the operation of any other law of the Territory.
(4) Section 57 of the
Interpretation Act 1978 does not apply to or in relation to By-laws made under subsection (1).
(1) The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Regulations may prescribe:
(a) the functions and powers of the Management Corporation, including its powers to deal with the common property, levy contributions from the lot owners and effect insurance;
(b) the powers, obligations and duties of officers of the Management Corporation;
(c) the powers, obligations and duties of the owners, occupiers and mortgagees of lots in relation to the Management Corporation and the common property;
(d) the procedures, at meetings or otherwise, of the Management Corporation and its committees;
(e) the power of the Minister to intervene in the affairs of the Management Corporation to ensure the performance of its functions and the due exercise of its powers;
(f) voting at meetings of the Management Corporation and limiting the voting power of the Developer; and
(g) maximum penalties, not exceeding 100 penalty units for a contravention of, or failure to comply with, the Regulations.
(3) Without limiting the generality of subsection (1), and notwithstanding anything in the development agreement, the Regulations may impose conditions on work by the Developer in the development area to minimise nuisance to persons residing in the development area or neighbouring areas and, in particular, may limit, by reference to time or otherwise, the creation of noise and dust.
(4) For the purposes of subsection (2)(b), the Regulations may provide that such provisions of the Corporations Act 2001, with such adaptations and modifications as are prescribed, shall apply as if those provisions were incorporated in this Act.
(1) At any time before the Management Corporation first meets after the commencement of this Act the Minister may make a by-law on any matter which, under section 15(1), the Management Corporation could make a by-law.
(2) A by-law made under subsection (1) may be revoked or amended by a by-law made under section 15(1) by the Management Corporation.
(3) Until the first meeting of the Management Corporation after the issuing of the first freehold title to land referred to in section 8(1), the Developer may exercise the power of approval of the Management Corporation under section 13(2) and on it so doing the approval shall be deemed to be that of the Management Corporation.
(1) This section applies if, before the commencement:
(a) proceedings under this Act had been commenced in the Local Court; and
(b) the proceedings, including any appeals that might be made, had not been finally determined.
(2) The former law continues to apply in relation to the proceedings, including any appeals, as if the
Small Claims Act 2016 and theJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 had not commenced.(3) In this section:
commencement means the commencement of section 9 of theSmall Claims Act 2016 .former law means all of the following as in force immediately before the commencement:(a) this Act;
(b) the
Small Claims Act (being Act No. 67 of 1974 (as amended) repealed by section 9 of theSmall Claims Act 2016 );(c) the
Local Court Act 2015 .
ENDNOTES 1 KEY
Key to abbreviations
amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION
Assent date | 18 December 1992 |
Commenced | 18 December 1992 |
Assent date | 3 November 1993 |
Commenced | 1 December 1993 ( |
Assent date | 9 November 1993 |
Commenced | 9 November 1993 |
Assent date | 31 December 1993 |
Commenced | 18 April 1994 (s 2, s 2 |
Assent date | 15 October 1998 |
Commenced | 1 December 1998 ( |
Assent date | 14 December 1999 |
Commenced | 12 April 2000 (s 2, s 2 |
Assent date | 12 September 2000 |
Commenced | 1 December 2000 (s 2, s 2 |
Assent date | 28 June 2001 |
Commenced | 1 March 2002 (s 2, s 2 |
Assent date | 29 June 2001 |
Commenced | 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth |
Assent date | 28 March 2002 |
Commenced | 1 May 2002 ( |
Assent date | 26 May 2009 |
Commenced | pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, |
Assent date | 20 May 2010 |
Commenced | 1 July 2010 ( |
Assent date | 2 March 2016 |
Commenced | pt 3: nc; rem: 1 May 2016 (s 2, s 2 |
Assent date | 1 July 2020 |
Commenced | 31 July 2020 ( |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 8
s 7
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 LIST OF AMENDMENTS
pt 1 hdg ins No. 77, 1998, s 4
s 2 amd No. 63, 1993, s 4; No. 15, 2001, s 4; No. 14, 2009, s 125; No. 3, 2016, s 4
pt 2 hdg ins No. 77, 1998, s 5
s 3 amd No. 63, 1993, s 5; No. 86, 1993, s 3; No. 56, 1999, s 3; No. 19, 2020, s 91
s 4 amd No. 45, 2000, s 11; No. 10, 2002, s 6
s 6 amd No. 45, 2000, s 11
s 7 sub No. 15, 2001, s 4
amd No. 14, 2009, s 126
pt 3 hdg ins No. 77, 1998, s 6
s 8 amd No. 63, 1993, s 6; No. 45, 2000, s 11; No. 17, 2001, s 7
s 9 amd No. 10, 2002, s 6
pt 4 hdg ins No. 77, 1998, s 7
s 12A ins No. 77, 1998, s 7
amd No. 45, 2000, s 11; No. 15, 2001, s 4; No. 14, 2009, s 127
ss 12B – 12C ins No. 77, 1998, s 7
sub No. 3, 2016, s 5
ss 12D – 12F ins No. 77, 1998, s 7
rep No. 3, 2016, s 5
ss 12G – 12H ins No. 77, 1998, s 7
pt 5 hdg ins No. 77, 1998, s 7
s 13 sub No. 63, 1993, s 7
amd No. 10, 2002, s 4; No. , 2010, s 3
s 13A ins No. 63, 1993, s 7
s 14 amd No. 70, 1993, s 8; No. 63, 1993, s 8
s 15 amd No. 10, 2002, s 5; No. 12, 2010, s 3
s 16 amd No. 17, 2001, s 7; No. 10, 2002, s 6; No. 12, 2010, s 3
s 17 amd No. 63, 1993, s 9
pt 6 hdg ins No. 3, 2016, s 6
s 18 ins No. 3, 2016, s 6
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