2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Planning)

An Act to amend the Unit Titles Act 2001

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

This Act is the Unit Titles Amendment Act 2007.

This Act commences on the day after its notification day.

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

This Act amends the Unit Titles Act 2001.

(5) The application must include—

(a) a certificate from a registered surveyor describing the degree to which any building (including an attachment to a building) on, or being constructed on, the parcel is situated in accordance with the application; and

(b) if any existing or proposed attachment to a building on the parcel encroaches, or would encroach, on a public place—a plan prepared by a registered surveyor that shows—

(i) the nature and extent of the encroachment; and

(ii) whether the encroachment is for use with a unit or the common property; and

(iii) if the encroachment is for use with a unit—the unit to which the encroachment relates.

Note Attachment, encroachment and public place—see the dictionary.

(d) if the application shows an encroachment on a public place by an attachment to a building—

(i) if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or

Note Authorised existing attachment—see s (7).

(ii) in any other case—

(A) the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and

(B) it is not in the public interest to refuse to approve the application because of the encroachment.

authorised existing attachment, in relation to a unit title application, means—

(a) if the application includes the cancellation of a units plan (the old plan) that was registered before 1 January 2002—the old plan shows the attachment; or

(b) in any other case—the attachment was lawful when it was constructed.

(a) diagrams showing the subdivision as approved (including the nature and extent of any encroachment mentioned in section 20 (1) (d) (Unit title applications—approval));

(1) This section applies if—

(a) a units plan is registered for a parcel; and

(b) the plan shows an encroachment on a public place by an attachment to a building on the parcel.

(2) This Act and the Land Titles (Unit Titles) Act 1970, other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—

(a) if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and

(b) in any other case—as if it were common property.

Note The Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925.

attachment, in relation to a building, means—

(a) an eave, gutter or downpipe; or

(b) an awning; or

(c) anything attached to the building prescribed by regulation.

encroachment includes a projection at, above or below ground level.

public place—see the Roads and Public Places Act 1937, dictionary.

any projection or encroachment, whether above or below ground level

any encroachment, whether at, above or below ground level

any projection above, or encroachment below, ground level

any encroachment at, above or below ground level

section 7

section 8

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.