Queensland Consolidated Acts
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BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 25
Variation or extinguishment of plan
25 Variation or extinguishment of plan
(1) For the purposes of this Act a plan is extinguished on the happening of
the following events—
(i) the body corporate by
unanimous resolution so resolves; or
(ii) the Court is satisfied that, having
regard to the rights and interests of the proprietors as a whole, it is just
and equitable that the plan should be extinguished, and makes an order to that
(b) when, in the case of a group titles plan, the approval of the
local authority to the proposed extinguishment has been obtained;
the registrar of titles makes an entry of the extinguishment on the
registered plan pursuant to section 26 .
(2) Upon a proposal to extinguish a
group titles plan pursuant to this section, the body corporate shall make
application to the local government for approval to the extinguishment of the
(3) Upon an application pursuant to subsection (2) the local government
shall not refuse to approve the application but may approve the application
subject to reasonable and relevant conditions including—
(a) the removal of
such improvements therefrom as would be necessary for the land and
improvements remaining thereon to comply with the lawful requirements of the
(b) the subdivision of the parcel in such a manner that the
locations of any remaining improvements thereon comply with the lawful
requirements of the local government.
(4) Within 40 days (or such longer
period as may be approved by the Minister for the time being charged with the
administration of the Local Government (Planning and Environment) Act 1990 )
after the date of receipt of an application for approval pursuant to
subsection (2) the local government shall notify the applicant in writing of
its decision to approve the application and the conditions (if any) required
by the local government.
Local Government (Planning and
Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H
and the Integrated Planning Act 1997 .
(4A) Where the application has been
approved and the applicant has complied in every respect with the conditions
(if any) lawfully imposed by the local government pursuant to subsection (3) ,
the local government shall within 14 days of notice being given to it of such
compliance issue a certificate that the requirements of the local government
have been complied with.
(5) An applicant for approval to the extinguishment
of a plan who feels aggrieved by—
(a) the failure of a local government to
notify approval and the conditions imposed (if any) within 40 days (or such
longer period as may be approved by the Minister for the time being charged
with the administration of the Local Government (Planning and Environment) Act
1990 ) after the receipt by the local government of the application for
Local Government (Planning and Environment)
Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the
Integrated Planning Act 1997 .
(b) the conditions imposed by a local
government pursuant to subsection (3) ; or
(c) the failure of a local
government to comply with the provisions of subsection (4A) ; may appeal to
the Planning and Environment Court.
(5A) The Local Government (Planning and
Environment) Act 1990 , part 7 (Appeals) applies to an appeal under subsection
(5) as if the right to appeal was given by that Act.
Government (Planning and Environment) Act 1990 —see the
Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act
(6) Where an order is made pursuant to subsection (1) (a) (ii) , the
Court may by order—
(a) impose such conditions and give such directions
(including directions for the payment of money) as it thinks fit for the
purpose of adjusting as between the body corporate and the proprietors and as
amongst the proprietors themselves the effect of the order; and
(b) in the
case of a group titles plan, impose any of the conditions which a local
government may impose pursuant to subsection (3) .
(7) Where a building is
damaged but the relevant building units plan is not extinguished pursuant to
subsection (1) , the Court may by order settle a scheme, including
(a) for the reinstatement in whole or in part of the building;
(b) for the transfer or vesting of the interests of proprietors of lots which
have been wholly or partially destroyed to the other proprietors in proportion
to their lot entitlements.
(7A) In the exercise of its powers under
subsection (7) the Court may make such orders as it considers necessary or
expedient for giving effect to the scheme, including orders—
the application of insurance moneys received by the body corporate in respect
of damage to the building;
(b) directing payment of money by the
body corporate or by proprietors or by some 1 or more of them;
such amendment of the building units plan as the Court thinks fit, so as to
include in the common property any accretion thereto;
(d) imposing such terms
and conditions as it thinks fit.
(8) For the purpose of the foregoing
provisions of this section an application may be made to the Court by the
body corporate or by a proprietor or by a registered mortgagee of a lot.
On an application to the Court under the foregoing provisions of this section
in relation to a building units plan, an insurer who has effected insurance on
a building or any part thereof (being insurance against destruction of lots or
damage to the building) shall have the right to appear in person or be
represented by counsel or a solicitor, or by an agent authorised in writing,
who may examine witnesses and address the Court on behalf of the insurer.
(10) The Court may from time to time vary an order made by it under this
(11) The Court, on the application of the body corporate, a
proprietor or the body corporate manager appointed under section 94 , may by
order make provision for the winding-up of the affairs of the body corporate.
(11A) By the same or subsequent order the Court may declare the body corporate
dissolved as on and from a date specified in the order.
(12) On an
application under this section the Court may make such order for the payment
of costs as it thinks fit.
(13) Where the Court makes an order under
subsection (7) or (7A) the registrar of titles shall, upon lodgement for
registration of a request to register that order, do all such things as appear
to the registrar to be necessary or proper to give effect to the order.
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