Planning and Unit Titles Legislation Amendment Act 2021 (No 2) (ACT)

Case

Planning and Unit Titles Legislation Amendment Act 2021 (No 2)

A2021-25

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Land Titles Act 1925

4            Section 123C  3

5            Building management statement may be registeredSection 123D (1) and (2)  4

6            Section 123D (3)  5

7           Section 123D (5)  5

8            Section 123D (5) (a) (ii)  5

9            Effect of building management statementSection 123E (1)  5

10          Section 123E (2)  6

11          Section 123E (3)  6

12          Formal requirements for building management statementSection 123F (1) (a)  6

13          Section 123F (1) (d)  6

14          Section 123F (1) (h)  7

15          Section 123F (3)  7

16          Amendment of building management statementSection 123H  7

17          Section 123I  7

18          Notification and review of decisionsPart 18  8

19          Dictionary, definitions of applicant and approved  8

20          Dictionary, new definition of building lessee  8

21          Dictionary, definition of building management statement  9

22          Dictionary, definition of parties  9

23          Dictionary, definition of registered building management statement         9

24          Dictionary, new definition of relevant building  9

25          Dictionary, definition of reviewable decision  9

Part 3Planning and Development Act 2007

26          Form of development applicationsSection 139 (8), definition of building management statement              10

27          Meaning of community concessional lease useSection 253B (1) (d)  10

28          Land management agreementsSection 283 (2) (a)  10

29          Section 283 (2) (b)  10

30          Section 283 (3)  10

31          Section 283 (4)  11

32          New section 283 (5) to (7)  11

33          New section 283A  11

Part 4Unit Titles Regulation 2001

34          Endorsement of units plans—Act, s 27 (2)Section 9 (1) (b)  13

35          Section 9 (1) (c)  13

36          Section 9 (2)  13

Schedule 1 Consequential amendments  14

Part 1.1    Civil Law (Property) Act 2006  14

Part 1.2    Civil Law (Sale of Residential Property) Act 2003           14

Part 1.3    Unit Titles Act 2001  15

Part 1.4    Unit Titles (Management) Act 2011  15

Planning and Unit Titles Legislation Amendment Act 2021 (No 2)

A2021-25

An Act to amend legislation about planning and unit titles, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Planning and Unit Titles Legislation Amendment Act 2021 (No 2).

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Land Titles Act 1925

    ·     Planning and Development Act 2007

    ·     Unit Titles Regulation 2001.

    NoteThis Act also amends other legislation (see sch 1).

Part 2Land Titles Act 1925

  1. Section 123C

    substitute

123CDefinitions—pt 11A

(1)In this part:

building lessee, for a relevant building—

(a)means—

(i)for any part of the building the subject of a units plan under the Unit Titles Act 2001—the owners corporation for the units plan; and

(ii)for a Crown lease other than a lease for a unit in a units plan—each Crown lessee; and

(b)includes any mortgagee in possession or sublessee of any part of the building.

building management committee—see section 123F (1) (a).

building management statement means a statement about how a relevant building, or a proposed building, will be managed between the building lessees.

registered building management statement means a building management statement registered by the registrar-general under section 123D.

relevant building means a building in relation to which more than 1 Crown lease is granted.

(2)In this section:

building—

(a)means a single building or single set of physically related buildings; and

(b)includes the site on which the building is located and any common facilities related to the building.

set of physically related buildings means 2 or more buildings with no, or limited, external open space, that—

(a)are semi-detached; or

(b)are physically integrated, for example through underground car parking or physical overpasses or similar building structures; or

(c)make use of physically integrated common facilities, for example, lifts and underground parking.

Examples—open space

·     internal roads

·     lawns and gardens

  1. Building management statement may be registered
    Section 123D (1) and (2)

    substitute

    (1)A person may apply to the registrar-general for registration of a building management statement or an amendment of a registered building management statement for a relevant building.

  2. Section 123D (3)

    after

    approved

    insert

    by the planning and land authority under section 123I

  3. Section 123D (5)

    omit

    owner of

    substitute

    lessee under

  4. Section 123D (5) (a) (ii)

    substitute

    (ii)that will be provided by the burdened lease if the lessee complies with any building and development provision in the burdened lease;

  5. Effect of building management statement
    Section 123E (1)

    substitute

    (1)A registered building management statement, as amended from time to time, has effect as an agreement under seal containing the covenants mentioned in subsection (2) between the building lessees.

  6. Section 123E (2)

    omit

    parties

    substitute

    building lessees

  7. Section 123E (3)

    omit

    person mentioned in subsection (1)

    substitute

    building lessee

  8. Formal requirements for building management statement
    Section 123F (1) (a)

    omit

    party to the statement

    substitute

    building lessee

  9. Section 123F (1) (d)

    omit

    parties to the statement

    substitute

    building lessees

  10. Section 123F (1) (h)

    omit

    if a party to the statement is an owners corporation mentioned in section 123E (1) (a)

    substitute

    if a building lessee is an owners corporation

  11. Section 123F (3)

    omit

    parties to the building management statement

    substitute

    building lessees

  12. Amendment of building management statement
    Section 123H

    omit

  13. Section 123I

    substitute

123IPlanning and land authority approval of building management statement

(1)A person may apply to the planning and land authority for approval of a building management statement or an amendment to a registered building management statement.

(2)The planning and land authority must approve the building management statement or the amendment if satisfied that—

(a)the statement, or the statement as amended, provides for each matter mentioned in section 123F (1); and

(b)the statement relates to a relevant building; and

(c)for an amendment or a statement that relates to an existing relevant building—

(i)each building lessee (not including any sublessee) consents to the application; or

(ii)for an amendment—it is required by an order of a court or the ACAT.

(3)To remove any doubt—

(a)subsection (2) (a) does not require the planning and land authority to consider the adequacy of any matter provided for in the building management statement or the amendment; and

(b)an amendment to a registered building management statement is not binding on the building lessees unless it is registered under section 123D.

  1. Notification and review of decisions
    Part 18

    omit

  2. Dictionary, definitions of applicant and approved

    omit

  3. Dictionary, new definition of building lessee

    insert

    building lessee, for a relevant building, for part 11A (Building management statements)—see section 123C (1).

  4. Dictionary, definition of building management statement

    substitute

    building management statement, for part 11A (Building management statements)—see section 123C (1).

  5. Dictionary, definition of parties

    omit

  6. Dictionary, definition of registered building management statement

    substitute

    registered building management statement, for part 11A (Building management statements)—see section 123C (1).

  7. Dictionary, new definition of relevant building

    insert

    relevant building, for part 11A (Building management statements)—see section 123C (1).

  8. Dictionary, definition of reviewable decision

    omit

Part 3Planning and Development Act 2007

  1. Form of development applications
    Section 139 (8), definition of building management statement

    substitute

    building management statement—see the Land Titles Act 1925, section 123C (1).

  2. Meaning of community concessional lease use
    Section 253B (1) (d)

    substitute

    (d)educational establishment;

  3. Land management agreements
    Section 283 (2) (a)

    after

    land comprised in the lease

    insert

    (a land management agreement)

  4. Section 283 (2) (b)

    substitute

    (b)the agreement is signed by the conservator of flora and fauna and the person mentioned in paragraph (a).

  5. Section 283 (3)

    omit

  6. Section 283 (4)

    omit

    An agreement

    substitute

    A land management agreement

  7. New section 283 (5) to (7)

    insert

    (5)The conservator of flora and fauna may make guidelines setting out the requirements for land management agreements.

    (6)In preparing a guideline, the conservator of flora and fauna must consult the planning and land authority.

    (7)A guideline is a notifiable instrument.

  8. New section 283A

    insert

283AValidation of certain land management agreements

(1)This section applies to a land management agreement that was made—

(a)on or after the revocation of the Planning and Development (Land Management Agreement Form) Approval 2016 (AF2016‑26); but

(b)before the Planning and Unit Titles Legislation Amendment Act 2021 (No 2), part 3 commenced.

(2)Despite the revocation of the approval mentioned in subsection (1), the land management agreement is taken to be valid.

(3)To remove any doubt, any act done, or required to be done, under or in relation to the land management agreement in reliance of the agreement being valid is taken to have been validly done or required to be done.

(4)This section expires on the day it commences.

NoteIf a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law (see Legislation Act, s 88 (1)).

Part 4Unit Titles Regulation 2001

  1. Endorsement of units plans—Act, s 27 (2)
    Section 9 (1) (b)

    omit

    sign and

  2. Section 9 (1) (c)

    omit

  3. Section 9 (2)

    omit


Schedule 1Consequential amendments

(see s 3)

Part 1.1Civil Law (Property) Act 2006

[1.1]Section 260 (4), definition of building management statement

substitute

building management statement—see the Land Titles Act 1925, section 123C (1).

Part 1.2Civil Law (Sale of Residential Property) Act 2003

[1.2]Section 9 (1) (g) (i) (C)

omit

section 123E (1) (a)

substitute

section 123E (1)

[1.3]Dictionary, definition of building management statement

substitute

building management statement—see the Land Titles Act 1925, section 123C (1).

Part 1.3Unit Titles Act 2001

[1.4]Section 17B (2)

substitute

(2)The application must include a building management statement.

[1.5]Section 20 (1) (f)

substitute

(f)if the application includes a building management statement—

(i)the statement has been approved under the Land Titles Act 1925, section 123I; or

(ii)the requirements mentioned in the Land Titles Act 1925, section 123I (2) are met.

[1.6]Dictionary, definition of building management statement

substitute

building management statement—see the Land Titles Act 1925, section 123C (1).

Part 1.4Unit Titles (Management) Act 2011

[1.7]Dictionary, definition of building management statement

substitute

building management statement—see the Land Titles Act 1925, section 123C (1).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 8 October 2021.

  2. Notification

    Notified under the Legislation Act on 17 November 2021.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Unit Titles Legislation Amendment Bill 2021 (No 2), which originated in the Legislative Assembly as the Planning and Unit Titles Legislation Amendment Bill 2021 and was passed by the Assembly on 11 November 2021.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2021

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