Termination of Units Plans and Unit Title Schemes Regulations 2014 (NT)

NORTHERN TERRITORY OF AUSTRALIA

TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES REGULATIONS 2014

As in force at 23 December 2015

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Prescribed professional organisation3 — Application fee4 — Additional documents5 — Fee for appointment of valuer6 — Factor for Tribunal to take into account7 — Matters for Tribunal to considerENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 23 December 2015

TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES REGULATIONS 2014

Regulations under the Termination of Units Plans and Unit Title Schemes Act 2014

1Citation

These Regulations may be cited as the Termination of Units Plans and Unit Title Schemes Regulations 2014.

2Prescribed professional organisation

The Australian Valuers Institute Co-op Limited is the prescribed professional organisation for the definition of valuer in section 4(1) of the Act.

3Application fee

• (1)

  The fee prescribed for section 9(1) of the Act is 2 000 revenue units.

• (2)

  The schemes supervisor may waive (wholly or partly) the fee.

4Additional documents

The following documents are prescribed for section 12(9)(a)(ii) of the Act:

• (a)

  the resolution that was passed;

• (b)

  a document listing the names of the owners of the units and indicating how each owner voted on the resolution;

• (c)

  a document that proves service of the notice of proposed termination on:

• (i)

  each owner of a unit in the development; and

• (ii)

  each mortgagee of a unit; and

• (iii)

  any other person who has a registered interest in the development.

5Fee for appointment of valuer

The fee prescribed for section 13(4)(a) of the Act is 200 revenue units.

6Factor for Tribunal to take into account

The factor prescribed for section 17(1)(c) of the Act is whether the body corporate for the development had, in the period before the application for the order, been functional.

7Matters for Tribunal to consider

The matters prescribed for section 17(2)(e) of the Act are as follows:

• (a)

  the extent to which the development could, if termination were not ordered, be a functional neighbourhood;

• (b)

  if the Tribunal is considering an application mentioned in section 15(b) of the Act – whether the proponent, before making the application under section 9(1) of the Act, made a reasonable proposal in relation to the development other than for its termination;

• (c)

  if the proposed termination involves a sale of the development land – whether the proposed distribution of the proceeds is fair and reasonable;

• (d)

  the interests of other persons who have registered interests in the development.

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

Termination of Units Plans and Unit Title Schemes Regulations (SL No. 49, 2014)
Notified	2 January 2015
Commenced	2 January 2015
Termination of Units Plans and Unit Title Schemes Amendment Regulations2015 (SL No. 34, 2015)
Notified	23 December 2015
Commenced	23 December 2015

• 3

  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 Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1.

• 4

  LIST OF AMENDMENTS

r 4                     amd No. 34, 2015, r 3

r 7                     amd No. 34, 2015, r 4