Unit Titles Act 1975 (ACT)

No. 31 of 1975

AN ORDINANCE

To amend the Unit Titles Ordinance 1970-1971.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government {Administration) Act 1910-1973.

Dated this Thirtieth day of September, 1975.

JOHN R. KERR

Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

UNIT TITLES ORDINANCE 1975

1. (1) This Ordinance may be cited as the Unit Titles Ordinance

1975.*

(2 ) The Unit Titles Ordinance 1970-197If is in this Ordinance

referred to as the Principal Ordinance.

(3) The Principal Ordinance as amended by this Ordinance may

be cited as the Unit Titles Ordinance 1970-1975.

2 . Section 12 of the Principal Ordinance is amended by omitting

paragraph ( l ) ( b ) and substituting the following paragraph:—

" ( b ) a schedule specifying—

(i) in respect of each unit—a whole number, being

t Ordinance N o . 31, 1970. as amended by N o . 10. 1971.

the unit entitlement proposed for that unit;

(ii)   a whole number, being the aggregate unit entitle­ ment proposed for all the units; and

(iii)   the rent (however expressed) that it is proposed will be reserved under the lease of each unit; and ".

3.  Section 16 of the Principal Ordinance is amended—

(a)

by omitting paragraphs (l)(b) and (c) and substituting " (b) the schedule of unit entitlement is reasonable,

having regard to the respective values of the units:

(c) the proposals conform to the preceding provisions of this Part; and

• Notified in the Australian Government Gazette on 1 October 1975.

(d) in the case of proposals that have been submitted to the Minister after the commencement of the Unit Titles Ordinance 1975, the rent proposed to be reserved under the lease of each unit is reasonable in the circumstances of the sub-division."; and

(b) by adding at the end thereof the following sub-sections:—
" (4) Where the Minister refuses to approve proposals
on the ground that the rent proposed to be reserved under
the lease of each unit is not reasonable, he shall specify
to the lessee of the parcel, in the case of each unit, the
rent that he considers to be reasonable and the rent so

specified shall, subject to this section, be taken to be a

reasonable rent for the purposes of paragraph ( l ) ( d ) .

" (5) Where the Minister refuses to approve proposals on the ground referred to in sub-section (4) , the lessee of the parcel, within 30 days of being notified of the Minis­ ter's refusal, may request the Valuation Review Board referred to in section 30 of the Rates Ordinance 1926-1975 to review any of the rents specified by the Minister, where­ upon the Board shall review those rents and, subject to sub-section (8), may confirm the rents as reasonable or set them aside wholly or in part and substitute such other rents as, in the opinion of the Board, are reasonable.

" ( 6 ) Subject to sub-section (7), a rent confirmed or
substituted by the Board under sub-section (5) shall be

taken to be a reasonable rent for the purposes of para­

graph ( l ) ( d ) .

" (7) Where a rent specified by the Minister has been reviewed by the Valuation Review Board, the Minister or the lessee may, within 30 days of the decision of the Board on the review, appeal to the Supreme Court which shall hear and determine the appeal and, subject to sub-section (8), may confirm or set aside the decision of the Board or may vary that decision in such a manner as to the Court

seems proper whereupon the decision as so varied has

effect as if it had been the decision of the Board.".

" (8) Where, in pursuance of sub-section (4), the
Minister has specified rents in respect of the leases of the

units and the amounts of those rents in the aggregate are

the same as the amount of rent payable under the lease of the parcel, neither the Valuation Review Board nor the Supreme Court shall, in substituting a rent or rents, cause the aggregate of the amounts of all of the rents to be an amount other than that payable under the lease of the parcel.".

4. Section 17 of the Principal Ordinance is amended—

(a) by omitting the words " An approval under the last pre­ ceding section " and substituting the words " (1) Subject to this section, an approval under section 16"; and

(b) by adding at the end thereof the following sub-section:—
" (2) Sub-section (1) does not apply where each of
the units and each of the unit subsidiaries (if any) into

which it is proposed to sub-divide the parcel is a part of

the parcel wholly unlimited in its vertical dimensions.".

5. Section 18 of the Principal Ordinance is amended by omitting

paragraphs	( l ) ( b )	and	(c)	and	substituting	the	following
paragraphs:—

" ( b )	a schedule setting out, in relation to each of the units, the rent to be reserved under the lease of the unit and the provisions, covenants and conditions subject to which the lease of the unit is to be held;
(c)	a schedule setting out, in relation to the common property, the provisions, covenants and conditions subject to which the lease of the common property is to be held; and
(d)	where, in accordance with section 18A, the Minister requires the lessee of the parcel to give security, a notice informing the lessee of that requirement.".

6. The Principal Ordinance is amended by inserting after section 18 the following section:—

" 1 8A. (1) Where the Minister gives his approval, not being a con­ ditional approval under section 17, in respect of proposals that provide for the erection or alteration of, or an addition to, a building or build­ ings, he may require the lessee of the parcel of land to give security in accordance with this section for the due completion, within such time as the Minister may allow, of the erection or alteration of, or addition to, the building or buildings.

" (2) The security referred to in sub-section (1) is a bond to Aus­ tralia in accordance with a form approved by the Minister in an amount not exceeding 10 per centum of the total cost of the erection or altera­ tion of, or addition to, the building or buildings with a surety approved

by the Minister. by the Minister in the same amount in accordance with a form approved

" (3) Where a bond given in pursuance of sub-section (1) is

forfeited, Australia shall be entitled to the whole of the moneys specified
in the bond or to such lesser amount as the Minister may determine.

" (4) Where, in relation to a parcel of land—

(a)	the Minister has approved proposals in respect of which security has been given in pursuance of this section;
(b)	the units plan in respect of the proposals has been registered; and
(c)	the lease or an interest in the lease of a unit, being one of the units into which the parcel has been sub-divided, has been transferred or assigned with the consent of the Minis­ ter under sub-section 28 (3) of the City Area Leases Ordinance 1936-1975,

the proposals in so far as they relate to the erection or alteration of, or addition to, a building in respect of that unit shall be disregarded in determining for the purposes of this section whether the erection or alteration of, or addition to, the building or buildings provided for in the proposals has been duly completed.".

7. Section 20 of the Principal Ordinance is amended by inserting after the words " to the unit) " the words ", in the case of a sub-division the proposals for which were approved by the Minister, whether con­ ditionally or otherwise, before the date of commencement of the Unit Titles Ordinance 1975,".

8. Section 22 of the Principal Ordinance is amended—

(a) by omitting from sub-section (4) the words " The Minister shall " and substituting the words " Subject to sub-section (6), the Minister shall"; and

(b) by adding at the end thereof the following sub-sections:—
" ( 5 ) Paragraph (4) (a) does not apply where the
proposals approved by the Minister provide for the erection
or alteration of, or an addition to, a building or buildings.
" (6) Where the Minister, in pursuance of section 18A,
requires the lessee of the parcel to give security, the Minis­
ter shall not make an endorsement under sub-section (4)
unless the documents submitted to him under sub-section

(1) are accompanied by the security required by the

Minister.".

9. Section 27 of the Principal Ordinance is amended by omitting paragraph (3) (a) and substituting the following paragraph:—

" (a) rights of support, shelter and protection—

(i)   afforded by the servient tenement at the time of the registration of the units plan; and

(ii) where the lease of the servient tenement is subject

to a covenant requiring the proprietor of that tene­

ment to carry out any works on the land included in the lease or on unleased land adjacent to the land included in the lease, that will be afforded by the servient tenement upon compliance by the proprietor with that covenant;".

10.  Section 36 of the Principal Ordinance is amended—

(a) by omitting the words "A corporation shall" and sub­ stituting the words " (1) Subject to this section, a corpora­ tion shall"; and

(b) by adding at the end thereof the following sub-section:—
" (2) Where the lease of a unit or the common property
is subject to a covenant whereby the lessee is required to
carry out any works on the land included in the lease or

on unleased land adjacent to the land included in the lease, paragraphs ( l ) ( b ) and (c) shall not apply to the cor­ poration until the issue by the Minister in respect of that covenant, and in respect of any similar covenant to which any other of the leases, in accordance with the units plan, is subject, of a certificate in pursuance of sub-section 28 (2A) of the City Area Leases Ordinance 1936-1975.