LAND TITLES (UNIT TITLES) ACT 1970 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Terms used in Unit Titles Act and Unit Titles (Management) Act 4. Relationship with Land Titles Act 5. Time of registration PART 2--REGISTRATION OF UNITS PLANS 6. Formal requirements for units plans 7. Registration of units plan 8. Effect of registration of units plan on interests in parcel 9. Easements--subdivision of dominant tenement 10. Duties of registrar-general after units plan registration PART 3--REGISTRATION OF INTERESTS DECLARED BY OWNERS CORPORATIONS Division 3.1--Owners corporation easements 11. Registration of easement declared by owners corporation 12. Extinguishment of easement declared by owners corporation Division 3.2--Owners corporation charges 13. Registration of charge to secure unpaid amounts 14. Registration of discharge 15. Application of Land Titles Act, div 10.3 PART 4--CANCELLATION AND AMENDMENT OF UNITS PLANS 16. Cancellation of units plans--registration 17. Effect of cancellation of units plan 18. Duties of registrar-general on registration of order 19. Amendment of units plans--registration of authorities 20. Registration of final building damage orders 21. Notice of cancellation or amendment to planning and land authority PART 5--REISSUE OF UNITS PLANS 22. Reissue of units plans PART 6--TERMINATION AND EXPIRY OF LEASES 23. Registration of termination of unit lease 24. Cancellation of memorials made under s 23 25. Registrar-general to enter expiry of lease in register PART 7--MISCELLANEOUS 26. Change of address for service 27. Amendment of rules--registration 28. Appointment of administrator--registration 29. Registration of instruments granting further leases 30. Withdrawal of units plan 31. Trusts 32. Delivery to registrar-general of certificates of title SCHEDULE 1 DICTIONARY ENDNOTES LAND TITLES (UNIT TITLES) ACT 1970 - LONG TITLE An Act to provide for the registration of unit titles, and for other purposes LAND TITLES (UNIT TITLES) ACT 1970 - SECT 1 Name of Act This Act is the Land Titles (Unit Titles) Act 1970. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 3A Terms used in Unit Titles Act and Unit Titles (Management) Act A term defined in the Unit Titles Act 2001 or the Unit Titles (Management) Act 2011 has the same meaning in this Act. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 4 Relationship with Land Titles Act (1) This Act is incorporated with the Land Titles Act, and must be read as one with that Act. (2) A units plan and any other document lodged with the registrar-general under this Act is an instrument affecting land for the Land Titles Act. (3) The following documents lodged with the registrar-general under this Act or the Unit Titles Act 2001 need not be attested by a witness (despite the Land Titles Act, section 48 (3)): (a) a document signed by the Minister; (b) an office copy of a court order. Note 1 Fees may be determined under the Land Titles Act, s 139 for this Act. Note 2 Forms may be approved under the Land Titles Act, s 140 for this Act. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 5 Time of registration (1) For the Land Titles Act and this Act, a units plan is registered when the registrar-general endorses on it the date of registration and the number allotted to it. (2) For the Land Titles Act and this Act, a document (other than a units plan) lodged with the registrar-general under this Act is registered when a memorial relating to the document is endorsed on or annexed to-- (a) the units plan; and (b) for a document relating to the cancellation or amendment of the units plan--each affected lease. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 6 Formal requirements for units plans A units plan must be prepared in accordance with the requirements set out in schedule 1. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 7 Registration of units plan (1) The registrar-general must register a units plan on the lodgment of all of the following documents within 3 months after the day the plan is endorsed under the Unit Titles Act 2001, section 27: (a) an application; (b) the number of copies of the endorsed units plan (prepared in accordance with section 6) required by the registrar-general; (c) the duplicate lease of the parcel, or the duplicate certificate of title for the parcel; (d) the written consent to the registration of the units plan of everyone with a registered estate or interest in the lease of the parcel;. (e) a certificate issued by the commissioner for revenue certifying that-- (i) no rates or other amounts assessed as payable under the Rates Act 2004 are outstanding for the financial year in which the units plan is to be registered; and (ii) no land tax or other amounts assessed as payable under the Land Tax Act 2004 are outstanding for the quarter in which the units plan is to be registered. Note A person may apply for a certificate of land tax and other charges under the Land Tax Act 2004, s 41 and a certificate of rates and other charges under the Rates Act 2004, s 76. (2) On the registration of the units plan, the registrar-general must give 1 copy to the person on whose behalf the documents were lodged and 1 copy to the planning and land authority. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 8 Effect of registration of units plan on interests in parcel (1) If, immediately before the registration of a units plan, a person was the registered proprietor of a mortgage of the lease of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of a mortgage of the lease of each unit, as if-- (a) on the date when the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the lessee of all the units and that memorandum had been executed by the mortgagor accordingly; and (b) the firstmentioned mortgage had been a mortgage of all the leases of the units and not of the lease of the parcel. (2) If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over part of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the firstmentioned easement, as if-- (a) on the date when the memorandum creating the firstmentioned easement was executed, the lessee of the parcel on that date had been the lessee of the common property and the unit or units and that memorandum had been executed by the lessee accordingly; and (b) the firstmentioned easement had been an easement over the common property or the unit or units and not over that part of the parcel. (3) On and after the registration of a units plan, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the parcel, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 9 Easements--subdivision of dominant tenement (1) This section applies if-- (a) a units plan is registered in relation to a parcel of land; and (b) immediately before the registration, an easement subsisted for the benefit of the parcel. (2) On and after the registration, the easement continues to subsist, as far as it is capable of doing so, for the benefit of each unit in the units plan. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 10 Duties of registrar-general after units plan registration (1) Immediately after registration of a units plan, the registrar-general must-- (a) cancel the lease of the parcel and the duplicate lease, or the certificate of title of the parcel and the duplicate certificate; and (b) issue a certificate of title for each unit to the lessee of the unit under the Unit Titles Act 2001, section 33; and (c) issue a certificate of title for the common property to the owners corporation; and (d) enter on the certificate of title for the units a memorial of any mortgage or easement to which the lease is subject under section 8; and (e) enter on the certificate of title for the common property a memorial of any easement to which the lease is subject under section 8. (2) If there are 2 or more mortgages under subsection (1) (d), or 2 or more easements under subsection (1) (d) or (e), the memorials of the mortgages or easements must be entered so as to preserve their priority. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 11 Registration of easement declared by owners corporation (1) The Land Titles Act, section 103B applies to the registration of an easement declared by an owners corporation under the Unit Titles Act 2001, section 36, subject to this section. (2) The lodgment of the following documents is required for the registration of the easement: (a) a memorandum of easement in registrable form; (b) a certificate under the Unit Titles (Management) Act 2011, schedule 3, section 3.19 about the resolution of the corporation declaring the easement; (c) a document giving evidence of the consent to the resolution of the owners of the affected benefited and burdened estates. (3) If the certificate mentioned in subsection (2) (b) is endorsed by the owners of the affected benefited and burdened estates, there is no need to lodge a separate document evidencing consent (under subsection (2) (c)). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 12 Extinguishment of easement declared by owners corporation (1) The Land Titles Act, section 103E applies to the extinguishment of an easement following the revocation (under the Unit Titles Act 2001, section 36 (5)) by an owners corporation of the declaration of the easement, subject to this section. (2) The lodgment of the following documents is required for the extinguishment of the easement: (a) a memorandum of extinguishment of easement in registrable form; (b) a certificate under the Unit Titles (Management) Act 2011, schedule 3, section 3.19 about the resolution of the corporation revoking the easement; (c) a document giving evidence of the consent to the resolution of the owners of the affected benefited and burdened estates. (3) If the certificate mentioned in subsection (2) (b) is endorsed by the owners of the affected benefited and burdened estates, there is no need to lodge a separate document evidencing consent (under subsection (2) (c)). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 13 Registration of charge to secure unpaid amounts The lodgment of the following documents is required for the registration (under the Land Titles Act, section 92) of a charge declared by an owners corporation under the Unit Titles (Management) Act 2011, section 96: (a) a memorandum of charge in registrable form; (b) a copy of the declaration, certified under the corporation seal to be a true copy. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 14 Registration of discharge The lodgment of the following documents is required for the registration (under the Land Titles Act, section 101 (1)) of a discharge in relation to a charge the declaration of which is revoked under the Unit Titles (Management) Act 2011, section 97: (a) a discharge in registrable form; (b) a copy of the revocation, certified under the corporation's seal to be a true copy. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 15 Application of Land Titles Act, div 10.3 (1) The following provisions of the Land Titles Act, division 10.3 apply in relation to a charge declared under the Unit Titles (Management) Act 2011, section 96: o section 92 (1) and (3) (Land--how mortgaged or encumbered) (subject to section 11C of this Act) o section 92A (Mortgage or encumbrance--postponement of priority) o section 93 (1) (Mortgage or encumbrance--effect) o section 101 (Discharge of mortgages and encumbrances) (subject to this Act, section 11D) o section 101A (Variation of mortgages). (2) The Land Titles Act, division 10.3 does not otherwise apply in relation to the charge. Note Because of this Act, s 13, s 14 and s 15, a charge over a unit declared under the Unit Titles (Management) Act 2011, s 96 is registrable in much the same way as a mortgage under the Land Titles Act 1925. However, unlike other mortgages, this registered charge does not give rise to any power of sale over the unit (see s (2) and Unit Titles (Management) Act 2011, s 96 (5)). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 16 Cancellation of units plans--registration The registrar-general must register a cancellation authority or cancellation order on the lodgment of the authority or order while it is stated to remain in force. Note A cancellation authority is an authority granted by the planning and land authority for the cancellation of a units plan (see Unit Titles Act 2001, s 160). A cancellation order is a Supreme Court order authorising the cancellation of a units plan (see Unit Titles Act 2001, s 161A). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 17 Effect of cancellation of units plan (1) If, immediately before the registration of a cancellation authority or cancellation order, a person was the registered proprietor of a mortgage of the lease of a unit, the person is taken to be, on the registration of the authority or order, the registered proprietor of a mortgage of the share in the estate, or a mortgage of the whole estate, as the case may be (which share or estate is in this subsection called the interest) held by the Unit Titles Act 2001, section 163 (1) (a) in the person who was the lessee of the unit as if-- (a) on the date when the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the registered proprietor of the interest so vested and that memorandum had been executed by the mortgagor accordingly; and (b) the firstmentioned mortgage had been a mortgage of the interest so vested and not of the lease of the unit. (2) If, immediately before the registration of a cancellation authority or cancellation order, a person was the registered proprietor of an easement over part of the common property or of a unit or units, the person is taken to be, on the registration of the authority or order, the registered proprietor of an easement over so much of the land comprised in the units plan as was affected by the firstmentioned easement, as if-- (a) when the memorandum creating the firstmentioned easement was executed, the lessee of the common property, or the lessee or lessees of the units, had been the registered proprietor or proprietors of the estate mentioned in the Unit Titles Act 2001, section 162 (e), and the memorandum had been executed by the lessee or lessees accordingly; and (b) the firstmentioned easement had been an easement over that land and not over that part of the common property or of the unit or units. (3) On and after the registration of a cancellation authority or cancellation order, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the common property or the relevant unit or units, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 18 Duties of registrar-general on registration of order (1) Immediately after the registration of a cancellation authority or cancellation order, the registrar-general must-- (a) cancel the units plan; and (b) cancel the certificate of title for each unit and for the common property; and (c) issue to a person who holds a share in the estate, or the entire estate, under the Unit Titles Act 2001, section 163 (1) (a) a certificate of title for that share or estate, subject to subsection (2); and (d) enter on each folio of the register in relation to the certificate of title so issued a memorial of any mortgage or easement to which, by force of section 17, the lease is subject and, if it is subject to 2 or more mortgages or easements, enter the memorials in such a way as to preserve their priority. (2) The registrar-general may, in his or her discretion, refuse to issue a certificate of title under subsection (1) (c) to the person who was the lessee of a unit until the duplicate copy of the certificate of title for that unit has been lodged with the registrar-general. (3) Subsection (2) does not prevent the issue of a certificate of title if the registrar-general has dispensed with, or has been ordered by the court to dispense with, the lodgment of the document mentioned in that subsection. (4) The registrar-general must cancel a certificate of title lodged under subsection (2). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 19 Amendment of units plans--registration of authorities (1) The registrar-general must register any of the following authorities for the amendment of a units plan on the lodgment of the authority while it is stated to remain in force: (a) an authority under the Unit Titles Act 2001, section 30 (Amendment of development statements after registration); (b) a unit entitlement authority; (c) a boundary authority. Note 1 A unit entitlement authority is an authority for the amendment of a schedule of unit entitlement (see Unit Titles Act 2001, s 146). Note 2 A boundary authority is an authority for a minor boundary change (see Unit Titles Act 2001, s 149 (boundary authority) and s 16 (minor boundary change)). (2) On the lodgment of an authority authorising the amendment of a units plan, the registrar-general may-- (a) if the boundaries are changed--require, in addition, the lodgment of any stated document or diagram showing the boundaries as so changed; and (b) if the schedule of unit entitlement is amended--require, in addition, the lodgment of a copy of the schedule of unit entitlement as so amended; and (c) register any such document, diagram or schedule accordingly. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 20 Registration of final building damage orders (1) The registrar-general must register a final building damage order of the Magistrates Court for the amendment of a units plan on lodgment of an office copy of the order. Note A final building damage order is an order of the Magistrates Court approving the amendment of a units plan as a result of building damage or destruction (see Unit Titles Act 2001, s 157). (2) On the lodgment of an office copy of the order, the registrar-general may-- (a) if the boundaries are changed--require, in addition, the lodgment of any stated document or diagram showing the boundaries as so changed; and (b) if the schedule of unit entitlement is amended--require, in addition, the lodgment of a copy of the schedule of unit entitlement as so amended; and (c) register any such document, diagram or schedule accordingly. (3) On registration of the order, the registrar-general must-- (a) cancel the certificate of title and the duplicate certificate of title for any unit authorised to be eliminated; and (b) make any entries on the register necessary to give effect to the order. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 21 Notice of cancellation or amendment to planning and land authority Immediately after the registration of an authority or order for the cancellation or amendment of a units plan, the registrar-general must give written notice of registration to the planning and land authority. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 22 Reissue of units plans (1) If the registrar-general considers it desirable, the registrar-general may reissue a registered units plan in substantively identical terms. (2) A reissued units plan for a parcel is taken for all purposes to be the registered units plan for the parcel. (3) The reissue of a units plan does not have the effect of cancelling the previous registration of the plan. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 23 Registration of termination of unit lease (1) The registrar-general, on proof to his or her satisfaction of the termination of the lease of a unit, must-- (a) cancel the certificate of title for the unit; and (b) enter on the relevant units plan a memorial of the termination; and (c) enter on the schedule of unit entitlement a memorial stating that it has effect in accordance with the Unit Titles Act 2001, section 170 (Effect of termination of unit lease). (2) The termination does not release the lessee from any liability in relation to the breach of any covenant expressed or implied in the lease. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 24 Cancellation of memorials made under s 23 On lodgment of a notice under the Unit Titles Act 2001, section 171 (New unit lease), the registrar-general must register the notice and-- (a) enter on the units plan and the schedule of unit entitlement further memorials cancelling the memorials entered under section 23; and (b) issue to the person named in the notice a certificate of title for the unit. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 25 Registrar-general to enter expiry of lease in register On the expiry of the terms of the leases of the units and the lease of the common property, the registrar-general must cancel the units plan and the certificates of title and duplicate certificates of title for the units and the common property. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 26 Change of address for service The registrar-general must register a change of address for service of an owners corporation on lodgment of a notice of the change under the Unit Titles (Management) Act 2011, section 122 (3). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 27 Amendment of rules--registration The registrar-general must register an amendment of the rules of an owners corporation on the lodgment of a certificate under the Unit Titles (Management) Act 2011, schedule 3, section 3.19 about the special resolution authorising the amendment. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 28 Appointment of administrator--registration The registrar-general must register an administration order of the Magistrates Court under the Unit Titles (Management) Act 2011, division 10.2 on the lodgment of an office copy of the order. Note An administration order is an order of the Magistrates Court approving the appointment or removal of an administrator of an owners corporation, or about the exercise of the functions of the administrator (see Unit Titles (Management) Act 2011, ss 138 to 140). LAND TITLES (UNIT TITLES) ACT 1970 - SECT 29 Registration of instruments granting further leases (1) This section applies if the planning and land authority grants further leases under the Planning and Development Act 2007, section 254 (Grant of further leases) of the units and the common property forming part of the registered units plan. (2) On lodgment of the instruments granting the leases, the registrar-general must-- (a) register the instruments; and (b) write on the units plan the memorials necessary to show that the further leases have been granted, and the date of the end of their terms. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 30 Withdrawal of units plan (1) At any time after the lodgment with the registrar-general of an application for the registration of a units plan and before the units plan is registered, the applicant may apply in writing to the registrar-general for the withdrawal of the application for registration. (2) The registrar-general must, on the receipt of an application under subsection (1), endorse the application for the registration of the units plan as being withdrawn and give the applicant the documents lodged under section 7. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 31 Trusts (1) If, immediately before the registration of a units plan, the lessee of the parcel (the former lessee) held the lease as trustee, on registration of the units plan the former lessee holds the leases of the units in trust for the people for whom, and the purposes for which, the lease of the parcel was held. (2) If, immediately before the registration of a cancellation authority or cancellation order, a unit owner (the former owner) held the lease of the unit as trustee, on registration of the authority or order the former owner holds the share of the estate (or the entire estate) held under the Unit Titles Act 2001, section 163 (1) (a) (Cancellation of units plan--new lease over parcel) in trust for the people for whom, and the purposes for which, the lease of the unit was held. LAND TITLES (UNIT TITLES) ACT 1970 - SECT 32 Delivery to registrar-general of certificates of title (1) The registrar-general may, by written notice, require a person having in his or her possession, custody or control the certificate of title for a unit the lease of which has been terminated to give it, within a time specified in the notice, to the registrar-general for cancellation. (2) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1). Maximum penalty: 5 penalty units. LAND TITLES (UNIT TITLES) ACT 1970 - SCHEDULE 1 Schedule 1 Formal requirements for units plans (see s 6) Part 1.1 General 1 One copy of each hard copy sheet, electronic image or data set containing a diagram must be of good quality and in accordance with format requirements approved by the registrar-general. 2 The approved format requirements may include requirements about-- (a) the following matters in relation to a hard copy sheet: (i) the size of a page; (ii) margin standards; (iii) alteration standards; (iv) the number of copies required; (v) the page numbering standards; and (b) the following matters in relation to an electronic image: (i) the size of the image; (ii) electronic formatting standards; (iii) alteration standards; (iv) page numbering standards; and (c) in relation to a data set--page numbering standards. 3 An approved format requirement is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. Part 1.2 Requirements in relation to diagrams 1 Each diagram must be drawn to a scale sufficient to enable all details and notations to be clearly shown. 2 The scale to which a diagram is drawn must be expressed as a ratio combined with a graphic bar scale. 3 Each diagram must indicate, by an arrow or other appropriate means, the direction of North. 4 All linear measurements must be shown in metres and decimal fractions of a metre. 5 If necessary, a diagram may be started on 1 sheet and continued on a subsequent sheet and, in such a case, the diagrams must be so drawn that the complementary parts or lines on the several sheets show, when placed side by side, the complete diagram. Part 1.3 Numbering of units and unit subsidiaries 1 Units must be numbered consecutively, starting with the figure 1. 2 A unit subsidiary must be shown as having the same number as the unit to which it is appurtenant prefixed with the letter S. 3 If there are 2 or more unit subsidiaries appurtenant to a unit, each of those unit subsidiaries must be distinguished by the addition of a consecutive number in brackets starting with the figure (1), thus SI (1), SI (2) and so on. LAND TITLES (UNIT TITLES) ACT 1970 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o document o land o Magistrates Court o Minister (see s 162) o planning and land authority o registrar-general. Note 3 Terms defined in the Unit Titles Act 2001 have the same meaning in this Act (see s 3). For example, the following terms are defined in the Unit Titles Act 2001, dict: o boundary authority (see s 149) o cancellation authority (see s 160) o common property (see s 13) o lease o mortgage o parcel (see s 5) o registered o termination o unit (see s 9). "graphic bar scale" means a set of marks on a plan, at measured distances on a line, that indicates the scale to which the plan is drawn. "Land Titles Act" means the Land Titles Act 1925. "owners corporation"--see the Unit Titles (Management) Act 2011, dictionary. LAND TITLES (UNIT TITLES) ACT 1970 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Real Property (Unit Titles) Ordinance 1970 No 32 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). This Act was later renamed by the Land Titles (Consequential Amendments) Act 1995 No 54. Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Land Titles (Unit Titles) Act 1970 No 32 notified 11 September 1970 commenced 1 February 1971 (Cwlth Gaz 1976 p 788) as amended by Real Property (Unit Titles) Ordinance 1975 No 34 notified 7 October 1975 commenced 27 January 1976 (Cwlth Gaz 1976 No S13) Real Property (Unit Titles) Ordinance 1976 No 19 notified 13 May 1976 commenced 13 May 1976 Ordinances Revision (Administrative Arrangements) Ordinance 1977 No 18 notified 21 June 1977 commenced 21 June 1977 Real Property (Unit Titles) (Amendment) Ordinance 1982 No 7 notified 19 March 1982 commenced 19 March 1982 Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Registrar-General (Consequential Provisions) Act 1993 No 64 notified 6 September 1993 s 1, s 2 commenced 6 September 2001 remainder commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207) Real Property (Consequential Provisions) Act 1993 No 90 notified 17 December 1993 s 1, s 2 commenced 17 December 1993 remainder commenced 1 January 1994 (s 2 (2) and Gaz 1993 No S270) Land Titles (Consequential Amendments) Act 1995 No 54 notified 20 December 1995 (Gaz 1995 No S313) commenced 20 December 1996 (s 2) Land (Planning and Environment) (Amendment) Act (No. 3) 1996 No 85 notified 24 December 1996 s 1, s 2 commenced 24 December 1996 remainder commenced 24 June 1997 Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Land Titles Legislation Amendment Act 2000 No 82 pt 3 notified 21 December 2000 (Gaz 2000 No S69) pt 3 commenced 21 December 2000 (s 2) Surveyors (Consequential Amendments) Act 2001 No 3 sch 1 notified 8 March 2001 (Gaz 2001 No 10) s 1, s 2 commenced 8 March 2001 (IA s 10B) sch 1 commenced 26 July 2001 (s 2 and Gaz 2001 No 30) Unit Titles Consequential Amendments Act 2001 No 17 pt 2, sch 1 notified 5 April 2001 (Gaz 2001 No 14) s 1, s 2 commenced 5 April 2001 (IA s 10B) pt 2, sch 1 commenced 5 October 2001 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 213 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) amdts 1.2600-1.2607 commenced 5 October 2001 immediately after Act 2001 No 17(s2 (2) and amdts 1.2600-1.2607) pt 213 remainder (amdt 1.2599 ) commenced 12 September 2001 (s 2 (1) and see Gaz 2001 No S65) Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.12 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1))sch 3 pt 3.12 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Planning and Land Legislation Amendment Act 2003 A2003-30 sch 1 pt 1.2 notified LR 30 June 2003s 1, s 2 commenced 30 June 2003 (LA s 75 (1))sch 1 pt 1.2 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Unit Titles Amendment Act 2005 A2005-25 sch 1 notified LR 11 May 2005 s 1, s 2 commenced 11 May 2005 (LA s 75 (1)) sch 1 commenced 12 May 2005 (s 2) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.14 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.14 commenced 11 January 2006 (s 2 (1)) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.20 notified LR 13 September 2007s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.20 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Rates and Land Tax Legislation Amendment Act 2009 A2009-52 pt 3 notified LR 18 December 2009 s 1, s 2 commenced 18 December 2009 (LA s 75 (1)) pt 3 commenced 1 January 2010 (s 2) Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.6 notified LR 30 August 2011 s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2)) sch 1 pt 1.6 commenced 13 September 2011 (s 2 (1)) Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.6 notified LR 3 November 2011 s 1, s 2 commenced 3 November 2011 (LA s 75 (1)) sch 5 pt 5.6 commenced 30 March 2012 (s 2 and CN2012-6) 4 Amendment history Name of Acts 1 am 1995 No 54 sub 2001 No 17 amdt 1.1 Dictionarys 2 ins 2001 No 17 amdt 1.1 sub A2005-62 amdt 3.140 Notess 3 orig s 3 om 1977 No 18 (prev s 5) am 1975 No 34; 1993 No 64; 1995 No 54; 2001 No 17 s 4 renum R3 LA (see 2001 No 17 s 10) sub A2005-62 amdt 3.140 def the Principal Act om 2001 No 17 s 4 def Land Titles Act ins 2001 No 17 s 4 om A2005-62 amdt 3.140 Terms used in Unit Titles Act and Unit Titles (Management) Acts 3A ins A2005-62 amdt 3.140 sub A2011-41 amdt 5.10 Relationship with Land Titles Acts 4 orig s 4 om 1975 No 34 (prev s 6) am 1993 No 64; 2001 No 44 amdt 1.2599 sub 2001 No 17 s 5 renum R3 LA (see 2001 No 17 s 10) Time of registrations 5 (prev s 7) am 1993 No 64 sub 2001 No 17 s 5 renum R3 LA (see 2001 No 17 s 10) Registration of units planspt 2 hdg sub 2001 No 17 s 5 Formal requirements for units planss 6 (prev s 8) sub 1993 No 90; 2001 No 17 s 5; 2001 No 44 amdt 1.2600 renum R3 LA (see 2001 No 17 s 10) Registration of units plans 7 (prev s 9) am 1976 No 19; 1989 No 38; 1993 No 64 sub 2001 No 17 s 5 am 2001 No 44 amdt 1.2601, amdt 1.2602 renum R3 LA (see 2001 No 17 s 10) am A2002-56 amdt 3.42; A2009-52 s 8 Effect of registration of units plan on interests in parcels 8 (prev s 10) am 2001 No 17 amdts 1.2-1.6 renum R3 LA (see 2001 No 17 s 10) Easements--subdivision of dominant tenements 9 (prev s 10A) ins 2000 No 82 s 21 renum R3 LA (see 2001 No 17 s 10) Duties of registrar-general after units plan registrations 10 (prev 11) am 1993 No 64; 1993 No 90 sub 2001 No 17 s 6 am 2001 No 44 amdt 1.2603, amdt 1.2604 renum R3 LA (see 2001 No 17 s 10) Registration of interests declared by owners corporationspt 3 hdg (prev pt 2A hdg) ins 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) Owners corporation easementsdiv 3.1 hdg (prev pt 2A div 1 hdg) ins 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) Registration of easement declared by owners corporations 11 (prev s 11A) ins 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.11 Extinguishment of easement declared by owners corporations 12 (prev s 11B) ins 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.12 Owners corporation chargesdiv 3.2 hdg (prev pt 2A div 2 hdg) ins 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) Registration of charge to secure unpaid amountss 13 (prev s 11C) ins 2001 No 17 s 6 am 2001 No 44 amdt 1.2605, amdt 1.2606 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.13 Registration of discharges 14 (prev s 11D) ins 2001 No 17 s 6 am 2001 No 44 amdt 1.2605, amdt 1.2606 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.14 Application of Land Titles Act, div 10.3s 15 (prev s 11E) ins 2001 No 17 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.15, amdt 5.16 Cancellation and amendment of units planspt 4 hdg (prev pt 3 hdg) sub 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) Cancellation of units plans--registrations 16 (prev s 12) am 1993 No 64 sub 2001 No 17 s 6 renum R3 LA (see 2001 No 17 s 10) sub A2005-25 amdt 1.1 Effect of cancellation of units plans 17 (prev s 13) am 1996 No 8; 2001 No 17 amdts 1.7-1.11 renum R3 LA (see 2001 No 17 s 10); A2005-25 amdt 1.2, amdt 1.3 Duties of registrar-general on registration of orders 18 (prev s 14) am 1993 No 64; 1993 No 90; 1996 No 85; 2001 No 17 amdts 1.12-1.14 renum R3 LA (see 2001 No 17 s 10) am A2005-25 amdt 1.4 Amendment of units plans--registration of authoritiess 19 hdg sub A2005-25 amdt 1.5s 19 (prev s 15) am 1993 No 64 sub 2001 No 17 s 7 renum R3 LA (see 2001 No 17 s 10) am A2005-25 amdts 1.6-1.8 Registration of final building damage orderss 20 (prev s 16) am 1993 No 64 sub 2001 No 17 s 7 renum R3 LA (see 2001 No 17 s 10) Notice of cancellation or amendment to planning and land authoritys 21 (prev s 17) am 1976 No 19; 1989 No 38; 1993 No 64 sub 2001 No 17 s 7 renum R3 LA (see 2001 No 17 s 10) am A2003-30 amdt 1.9 Reissue of units planspt 5 hdg (prev pt 3A hdg) ins 2001 No 17 s 7 renum R3 LA (see 2001 No 17 s 10) Reissue of units planss 22 (prev s 17A) ins 2001 No 17 s 7 renum R3 LA (see 2001 No 17 s 10) Termination and expiry of leasespt 6 hdg (prev pt 4 hdg) sub 2001 No 17 amdt 1.15 renum R3 LA (see 2001 No 17 s 10) Registration of termination of unit leases 23 hdg (prev s 18 hdg) sub 2001 No 17 amdt 1.15s 23 (prev s 18) am 1993 No 64; 2001 No 17 amdt 1.16, amdt 1.17 renum R3 LA (see 2001 No 17 s 10) am A2005-62 amdt 3.141 Cancellation of memorials made under s 18s 24 orig s 24 am 1993 No 64 om 2001 No 17 s 8 (prev s 19) am 1993 No 64; 2001 No 17 amdt 1.18 renum R3 LA (see 2001 No 17 s 10) Registrar-general to enter expiry of lease in registers 25 (prev s 20) am 1993 No 64 renum R3 LA (see 2001 No 17 s 10) Miscellaneouspt 7 hdg (prev pt 5 hdg) renum R3 LA (see 2001 No 17 s 10) Change of address for services 26 (prev s 21) am 1993 No 64; 1998 No 54 sub 2001 No 17 s 8 am 2001 No 44 amdt 1.2607 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.17 Amendment of rules--registrations 27 (prev s 22) am 1993 No 64 sub 2001 No 17 s 8 renum R3 LA (see 2001 No 17 s 10) sub A2011-41 amdt 5.18 Appointment of administrator--registrations 28 (prev s 23) am 1993 No 64 sub 2001 No 17 s 8 renum R3 LA (see 2001 No 17 s 10) am A2011-41 amdt 5.19, amdt 5.20 Registration of instruments granting further leasess 29 (prev s 25) am 1993 No 64 sub 1996 No 85 am 2001 No 17 amdt 1.19 renum R3 LA (see 2001 No 17 s 10) sub A2002-56 amdt 3.43 am A2007-25 amdt 1.93 Withdrawal of units plans 30 (prev s 26) am 1993 No 64; 2001 No 17 amdt 1.20 renum R3 LA (see 2001 No 17 s 10) Trustss 31 (prev s 27) sub 2001 No 17 amdt 1.21 renum R3 LA (see 2001 No 17 s 10) am A2005-25 amdt 1.9, amdt 1.10 Delivery to registrar-general of certificates of titles 32 (prev s 28) am 1993 No 64; 1993 No 90; 1998 No 54; 2001 No 17 amdt 1.22 renum R3 LA (see 2001 No 17 s 10) am A2005-62 amdt 3.142 Formal requirements for units planssch 1 hdg am A2011-27 amdt 1.11sch 1 orig sch 1 am 1975 No 34; 1976 No 19; 1982 No 7; 1989 No 38; 1993 No 64; 1993 No 90; 1995 No 54; 2001 No 3 sch 1 om 2001 No 17 s 9 (prev sch 2) am 1975 No 34; 1993 No 64; renum as sch 1 2001 No 17 amdt 1.23 Generalsch 1 pt 1.1 hdg (prev pt 1 hdg) renum R3 LA (see 2001 No 17 s 10)sch 1 pt 1.1 sub A2011-27 amdt 1.12 Requirements in relation to diagramssch 1 pt 1.2 hdg (prev pt 2 hdg) renum R3 LA (see 2001 No 17 s 10)sch 1 pt 1.2 clauses renum R3 LA (see 2001 No 17 s 10) am A2011-27 amdt 1.13; clauses renum R9 LA Numbering of units and unit subsidiariessch 1 pt 1.3 hdg (prev pt 3 hdg) renum R3 LA (see 2001 No 17 s 10) Dictionarydict ins A2005-62 amdt 3.143 am A2011-41 amdt 5.21 def graphic bar scale ins A2005-62 amdt 3.143 def Land Titles Act ins A2005-62 amdt 3.143 def owners corporation ins A2011-41 amdt 5.22 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1995 No 54 31 July 1996 2 Act 1998 No 54 31 July 1999 3 A2001-44 5 October 2001 4 A2003-30 1 July 2003 5 A2005-25 12 May 2005 6 A2005-62 11 January 2006 7 A2007-25 31 March 2008 8 A2009-52 1 January 2010 9 A2011-27 13 September 2011 6 Renumbered provisions This Act was renumbered by Land Titles Consequential Amendments Act 2001 A2001-17 s 10 and under the Legislation Act 2001 in R3. Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R3. (c) Australian Capital Territory 2012 LAND TITLES (UNIT TITLES) ACT 1970 - NOTES Australian Capital Territory A1970-32 Republication No 10 Effective: 30 March 2012 Republication date: 30 March 2012 Last amendment made by A2011-41Unauthorised version prepared by ACT Parliamentary Counsel's OfficeAbout this republication The republished law This is a republication of the Land Titles (Unit Titles) Act 1970 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 March 2012 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 March 2012 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Land Titles (Unit Titles) Act 1970 Part 1.1General21 Part 1.2Requirements in relation to diagrams22 Part 1.3Numbering of units and unit subsidiaries23 Endnotes25 Australian Capital Territory Land Titles (Unit Titles) Act 1970