{"id":"cullen-bay-marina-act-1992","name":"Cullen Bay Marina Act 1992","slug":"cullen-bay-marina-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29997,"registerId":"nt-cullen-bay-marina-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cullen Bay Marina Act 1992","content":"NORTHERN TERRITORY OF AUSTRALIA\nCULLEN BAY MARINA ACT 1992\nAs in force at 31 July 2020\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\nPart 2 Development\n3 Subdivision of development area..................................................... 2\n4 Amendment of lot plan ..................................................................... 3\n5 Lot entitlement ................................................................................. 3\n6 Recording of lot entitlements, easements, &c., on Register ............ 4\n7 Further subdivision .......................................................................... 4\nPart 3 Management Corporation\n8 Incorporation of owners of lots......................................................... 4\n9 Re-assessment of lot entitlement .................................................... 5\n10 Management Corporation may enforce Developer's obligation\nto maintain common property .......................................................... 5\n11 Common property of Management Corporation not subject to\nmunicipal rates ................................................................................ 6\n12 Disposal of common property .......................................................... 6\nPart 4 Dispute resolution\n12A Definitions ........................................................................................ 6\n12B Persons who may make application for resolution of dispute .......... 7\n12C Tribunal to resolve dispute............................................................... 9\n12G Corporation may be represented by person .................................... 9\n12H Other remedies not affected .......................................................... 10\nPart 5 Miscellaneous\n13 Maintenance of revetment ............................................................. 10\n13A Easements of support .................................................................... 11\n14 Restrictive covenants .................................................................... 11\n15 By-laws for development area ....................................................... 12\n16 Regulations.................................................................................... 13\n17 Transitional .................................................................................... 14\n\nCullen Bay Marina Act 1992 ii\nPart 6 Transitional matters for Justice Legislation\nAmendment (Small Claims and Other\nMatters) Act 2016\n18 Current proceedings to continue in Local Court............................. 14\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 31 July 2020\n____________________\nCULLEN BAY MARINA ACT 1992\nAn Act relating to the subdivision and management of certain land at\nCullen Bay and the obligations and liabilities of certain persons in\nrelation to the development of that land, and for other purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Cullen Bay Marina Act 1992.\n2 Definitions\nIn this Act:\nbuilding lot has the same meaning as in the Unit Titles Act 1975.\ncommon property means so much of the development area as is\nfrom time to time vested in the Management Corporation and\nincludes the lock and associated structures and the easements for\nthe maintenance of, and access to, the lock and associated\nstructures.\nDeveloper means Darwin Marina Estates Pty. Ltd., the party to the\ndevelopment agreement, or its successors or assigns.\ndevelopment area means Lot 5647 Town of Darwin delineated in\nsurvey plan S87/278B deposited with the Surveyor-General.\ndevelopment agreement means the development agreement\nbetween the Territory and the Developer dated 26 May 1988, as\namended from time to time in accordance with its terms.\nlot means an area shown in the lot plan as a lot.\nlot entitlement, in relation to a lot, means the number specified in\nthe lot plan as the lot entitlement.\nlot plan means the lot plan prepared in accordance with section 3.\n\nPart 2 Development\nCullen Bay Marina Act 1992 2\nManagement Corporation means the body corporate established\nby section 8.\nowner, in relation to a lot, means:\n(a) if a lot is subdivided into units under the Unit Titles Act 1975 –\nthe body corporate of the units plan; and\n(aa) if a lot is subdivided into building lots under the Unit Titles\nAct 1975 – the body corporate of the building development\nplan; and\n(ab) if a lot is subdivided into lots within the meaning of Part IVB of\nthe Unit Titles Act 1975 – the estate management corporation;\nand\n(ac) if a lot is subdivided to form the scheme land of a scheme\nunder the Unit Title Schemes Act 2009 – the body corporate of\nthe scheme; and\n(b) in all other cases – the owner in fee simple of the lot.\nTribunal means the Civil and Administrative Tribunal.\nNote for section 2\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\nPart 2 Development\n3 Subdivision of development area\n(1) The Developer shall, before lodging a survey plan for the\ndevelopment area with the Surveyor-General, prepare a lot plan in\naccordance with this section.\n(2) The lot plan shall:\n(a) show the precalculated dimensions and areas of the lots into\nwhich it is proposed to subdivide the development area\nprepared by a surveyor licensed under the Licensed\nSurveyors Act 1983;\n(b) identify the common property;\n(c) specify the easements referred to in section 13A;\n\nPart 2 Development\nCullen Bay Marina Act 1992 3\n(d) identify the lots formerly contained in Lot 5555 Town of Darwin\nthat are to be subject to building restrictions in favour of\nLot 5556 Town of Darwin;\n(e) contain a certificate issued under section 140 of the Planning\nAct 1999 stating the lots shown are in accordance with\ndevelopment permits issued under that Act;\n(f) contain a schedule of lot entitlements prepared in accordance\nwith section 5 and certified correct by the valuer who prepared\nit;\n(g) comply with the Licensed Surveyors Act 1983 in relation to\nplan drawing standards;\n(h) contain such other information, if any, as is prescribed; and\n(j) contain a certificate from the Surveyor-General stating that it\ncomplies with this section.\n(3) The Developer is not entitled to the grant of a freehold title in\nrespect of any land in the development area until the lot plan has\nbeen registered by the Registrar-General and the prescribed fee\nunder the Registration Act 1927 has been paid.\n4 Amendment of lot plan\n(1) A lot plan may be amended by the preparation of a further plan in\naccordance with section 3(2) which shall, in addition to the\ninformation required under that section, contain the written consent\nof all lot owners who or whose lots are directly affected by the\nchanges proposed and, where the proposed change results from\nthe revision of a lot entitlement as the result of a determination\nunder section 9, shall be accompanied by the notice referred to in\nthat section.\n(2) The Management Corporation, in pursuance of a special resolution\nas prescribed (or, in relation to an amendment before the first\nfreehold title to a lot is issued, the Developer), may lodge a\nreplacement lot plan with the Registrar-General on payment of the\nprescribed fee under the Registration Act 1927.\n(3) The Registrar-General shall, on receiving the replacement lot plan,\namend the Register under the Land Title Act 2000.\n5 Lot entitlement\nA schedule of lot entitlements for the purposes of this Act shall be\nprepared by a valuer as defined in the Valuation of Land Act 1963\nand shall show, in respect of each lot, a whole number that\n\nPart 3 Management Corporation\nCullen Bay Marina Act 1992 4\nrepresents, as nearly as practicable, the proportion that the value of\nthe lot bears to the aggregate value of all the lots, where the value\nof each lot is established by reference to its unimproved capital\nvalue at the date of the valuation.\n6 Recording of lot entitlements, easements, &c., on Register\nThe Registrar-General shall, at the time of registering a lot under\nthe Land Title Act 2000, record on the Register and the certificate\nas to title in relation to the lot, in such manner as he or she thinks\nfit, the relevant lot entitlement in respect of the lot specified in the\nlot plan and the relevant easements and restrictive covenants.\n7 Further subdivision\n(1) Except as provided in subsection (3) and the Planning Act 1999, a\nlot (the original lot) may be further subdivided into the following\n(the subdivided lots):\n(a) units, building lots under the Unit Titles Act 1975, lots under\nPart IVB of that Act and common property under that Act;\n(b) units and common property under the Unit Title Schemes\nAct 2009.\n(2) The Registrar-General must note on the certificate as to title of\neach subdivided lot that the lot comprising all the subdivided lots\nhas the lot entitlement of the original lot.\n(3) A lot may be further subdivided (otherwise than under the Unit\nTitles Act 1975 or Unit Title Schemes Act 2009) as prescribed in the\nRegulations and the relevant entitlement of each part into which it is\nsubdivided shall be determined as prescribed.\nPart 3 Management Corporation\n8 Incorporation of owners of lots\n(1) There is established, on the issuing by the Registrar-General of the\nfirst freehold title to land in the development area, the Cullen Bay\nMarina Management Corporation.\n(2) The Management Corporation:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal; and\n\nPart 3 Management Corporation\nCullen Bay Marina Act 1992 5\n(c) subject to this Act, is capable, in its corporate name, of\nacquiring, holding and disposing of real (including leasehold)\nand personal property and of suing and being sued.\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Management Corporation affixed\nto a document and shall assume that it was duly affixed.\n(4) The members of the Management Corporation are the owners from\ntime to time of the lots in respect of which freehold titles have\nissued (including the lots in each successive completed part of the\ndevelopment area).\n(5) The Cullen Bay Marina Management Corporation is declared to be\nan excluded matter for the purposes of section 5F of the\nCorporations Act 2001 in relation to the whole of the Corporations\nlegislation to which Part 1.1A of that Act applies.\n9 Re-assessment of lot entitlement\n(1) At any time in the sixth, seventh, eighth or ninth year after the first\nfreehold title to a lot is issued to the Developer, a valuer, as defined\nin the Valuation of Land Act 1963, may, at the request of the\nManagement Corporation, in pursuance of a special resolution as\nprescribed, for the purposes of confirming or revising the relative lot\nentitlement of lots, determine the unimproved capital value of each\nlot and, by notice in writing to the Management Corporation, confirm\nor revise a unit entitlement of a lot.\n(2) A notice under subsection (1) shall include a schedule of lot\nentitlement prepared in accordance with section 5 and certified\ncorrect by the valuer.\n10 Management Corporation may enforce Developer's obligation\nto maintain common property\n(1) The Management Corporation is not liable to rectify or maintain the\ncommon property until the Developer's obligation under the\ndevelopment agreement in relation to that rectification or\nmaintenance has expired in accordance with the agreement.\n(2) Where the Management Corporation is of the opinion that the\nDeveloper has not carried out its obligations under and in\naccordance with the development agreement in relation to the\nrectification or maintenance of the common property, it may, by\nnotice in writing to the Minister, require the Territory to enforce the\nagreement in that regard and the Territory shall, accordingly,\nenforce the agreement or itself have the work carried out as\nprovided in the agreement.\n\nPart 4 Dispute resolution\nCullen Bay Marina Act 1992 6\n11 Common property of Management Corporation not subject to\nmunicipal rates\nNotwithstanding any other law of the Territory, neither the\nManagement Corporation nor its members are liable to pay\nmunicipal rates in respect of the common property.\n12 Disposal of common property\nThe Management Corporation may, in accordance with a special\nresolution as prescribed and on such terms and conditions as it\nthinks fit, lease out any part of its common property.\nPart 4 Dispute resolution\n12A Definitions\n(1) In this Part:\nowner, in relation to:\n(a) a unit or building lot or lot subdivided under Part IVB of the\nUnit Titles Act 1975 – means the registered proprietor of the\nunit, building lot or lot and includes an occupier of the unit; or\n(aa) a unit under the Unit Title Schemes Act 2009 – means the unit\nowner or unit occupier of the unit as defined in section 38 of\nthat Act; or\n(b) a lot – means the registered proprietor of a lot that has not\nbeen subdivided under the Unit Titles Act 1975 or Unit Title\nSchemes Act 2009 and includes an occupier of the lot,\nand includes:\n(c) in the case of an owner who is a natural person – his or her\nheirs, executors, administrators or assigns or a person in\nwhom the property of the natural person is vested, or by whom\nthat property is controlled, under the Bankruptcy Act 1966 of\nthe Commonwealth; and\n(d) in the case of an owner who is a body corporate – its\nliquidators, receivers, administrators or assigns.\nregistered means registered:\n(a) under the Land Title Act 2000; or\n(b) under the Real Property (Unit Titles) Act 1975.\n\nPart 4 Dispute resolution\nCullen Bay Marina Act 1992 7\nunit means a unit, as defined in the Unit Titles Act 1975 or Unit\nTitle Schemes Act 2009, located on an area shown on the lot plan\nas a lot.\nunit corporation means a body corporate constituted under\nsection 27 or 28 of the Unit Titles Act 1975, or a body corporate of a\nunit title scheme under the Unit Title Schemes Act 2009, in relation\nto a lot.\n(2) A reference in this Part to a unit is to be read as including a\nreference to a building lot.\n12B Persons who may make application for resolution of dispute\n(1) An application by one or more of the following, for resolution of a\ndispute based on a claim that there has been a breach of this Act,\nthe Regulations, or By-laws made under this Act by one or more of\nthe following, may be made to the Tribunal:\n(a) the Management Corporation;\n(b) an owner of a lot or unit;\n(c) a mortgagee of a lot or unit; or\n(d) a unit corporation.\n(2) An application for resolution of a dispute may be made to the\nTribunal, based on a claim by an owner of a lot or unit, or a unit\ncorporation, that they have been prejudiced by the wrongful act or\ndefault of one of the following:\n(a) the Management Corporation;\n(b) a committee of the Management Corporation;\n(c) a person exercising powers under this Act.\n(3) An application for resolution of a dispute may be made to the\nTribunal based on a claim by an owner of a lot or unit, or a unit\ncorporation, in relation to the lot, alleging a wrongful act or default\nof:\n(a) an owner of another lot; or\n(b) an owner of a unit on another lot; or\n(c) the unit corporation in relation to another lot.\n\nPart 4 Dispute resolution\nCullen Bay Marina Act 1992 8\n(4) An application for resolution of a dispute may be made to the\nTribunal if:\n(a) the application is made by an owner of a lot or unit, or a unit\ncorporation; and\n(b) the applicant claims that a decision of the Management\nCorporation, a committee of the Management Corporation or a\nperson exercising powers under this Act is unreasonable,\noppressive or unjust.\n(5) An application for resolution of a dispute may be made to the\nTribunal if the dispute:\n(a) is between:\n(i) an owner of a lot or unit or the unit corporation; and\n(ii) the Management Corporation or a committee of the\nManagement Corporation; and\n(b) relates to any aspect of the occupation or use of the lot or unit,\nor of the common property vested in the Management\nCorporation.\n(6) An application for resolution of a dispute may be made to the\nTribunal, if the dispute:\n(a) is between:\n(i) an owner of a lot or unit; and\n(ii) an owner of another lot or a unit on another lot, and\n(b) relates to any aspect of the occupation or use of the lot or unit\nor the common property vested in the Management\nCorporation.\n(7) An application may be made to the Tribunal if the dispute:\n(a) is between\n(i) the registered proprietor of Lot 5556 Town of Darwin;\nand\n(ii) a person mentioned in subsection (1); and\n(b) relates to a restrictive covenant imposed under section 14.\n\nPart 4 Dispute resolution\nCullen Bay Marina Act 1992 9\n12C Tribunal to resolve dispute\n(1) For resolving the dispute, the Tribunal may make any orders the\nTribunal considers appropriate.\n(2) Without limiting subsection (1), the Tribunal may make one or more\nof the following orders:\n(a) an order for the payment of money;\n(b) an order that a person take, or refrain from taking, specified\naction;\n(c) an order to confirm, vary or reverse a decision of the\nManagement Corporation, a committee of the Management\nCorporation or a person exercising powers under this Act;\n(d) an order that a party to the dispute pay compensation to any\nother party who has suffered loss because of:\n(i) a wrongful act or default referred to in section 12B(2)\nor (3); or\n(ii) an unreasonable, oppressive or unjust decision referred\nto in section 12B(4); or\n(iii) the unlawful or unauthorised use or occupation of a lot or\nunit or the common property vested in the Management\nCorporation;\n(e) order that the Management Corporation refund to an owner of\na lot or unit, or a former owner of a lot or unit, money paid to\nthe Management Corporation by the owner or former owner.\n12G Corporation may be represented by person\n(1) A person who is appointed by the Management Corporation may\nrepresent the Management Corporation in proceedings under this\nPart.\n(2) An owner of a lot or unit who is appointed by:\n(a) a unit corporation; or\n(b) the owner of another lot or unit,\nmay represent the unit corporation or owner in proceedings under\nthis Part.\n\nPart 5 Miscellaneous\nCullen Bay Marina Act 1992 10\n12H Other remedies not affected\nThis Part does not limit or derogate from any civil remedy at law or\nin equity.\nPart 5 Miscellaneous\n13 Maintenance of revetment\n(1) Where a revetment to that part of the development area known as\nthe mooring basin is contained in a lot, the owner of the lot shall\nensure that the revetment is at all times maintained, at the owner's\nexpense, to a standard not lower than the standard at the time of\nthe completion of the revetment by the Developer.\n(2) A person shall not erect a building or structure on or across the\nrevetment, or attach anything to the revetment, except with and in\naccordance with the approval in writing of the Management\nCorporation and the standards, if any, prescribed in the By-laws.\n(3) It is a condition of every approval given under subsection (2) that\nthe person will, on being so directed by notice in writing by the\nManagement Corporation, remove a building, structure or thing\nreferred to in that subsection from or from across the revetment, at\nthe person's own expense and within the time specified in the\nnotice, where, in the opinion of the Management Corporation, its\nremoval is necessary for the proper maintenance of the revetment.\n(4) Where:\n(a) a building or other structure has been constructed on or\nacross the revetment; or\n(b) a thing has been attached to a revetment,\notherwise than in accordance with subsection (2), or\n(c) an improvement (other than a building or structure) has been\nplaced on or fixed to the revetment otherwise than as\npermitted by the By-laws,\n\nPart 5 Miscellaneous\nCullen Bay Marina Act 1992 11\nthe Management Corporation may, by notice in writing, direct the\nowner of the lot to remove it within such reasonable time as is\nspecified in the notice and the owner shall comply with the\ndirection.\nMaximum penalty: If the offender is a natural person –\n100 penalty units and 2 penalty units for\neach day during which the offence\ncontinues.\nIf the offender is a corporation – 500 penalty\nunits and 10 penalty units for each day\nduring which the offence continues.\n13A Easements of support\nThe owner of each lot has against the owner of each adjoining lot\nan easement of support and, without limiting the generality of that\nright, the right includes the right to the support of the revetment on\nhis or her lot by the revetment on an adjoining lot.\n14 Restrictive covenants\n(1) Subject to subsections (2) and (3), for the purposes of imposing a\nrestrictive covenant on the use of a lot the common property shall\nbe deemed to be the dominant tenement for the benefit of which the\ncovenant is imposed (notwithstanding that no part of the common\nproperty may be contiguous to the lot), and the burden of the\ncovenant shall run with the land comprised in the lot.\n(2) The Minister shall, in issuing freehold title in respect of lots\nidentified as provided in section 3(2)(d), ensure that each title is\nissued subject to a restrictive covenant in favour of Lot 5556 Town\nof Darwin so that a building any part of which is above the height of\n8 metres above the level of Bench Mark 422 located on the\nabutment of the Stokes Hill Wharf in Darwin Harbour may not be\nconstructed on the lot.\n(3) Lot 5556 Town of Darwin shall be deemed to be the dominant\ntenement for the benefit of which the covenant referred to in\nsubsection (2) is imposed (notwithstanding that no part of Lot 5556\nis contiguous to a lot), and the burden of the covenant shall run with\nthe land comprised in the lots.\n\nPart 5 Miscellaneous\nCullen Bay Marina Act 1992 12\n15 By-laws for development area\n(1) The Management Corporation may, by special resolution as\nprescribed, in respect of the development area, make By-laws, not\ninconsistent with this or any other law of the Territory, relating to:\n(a) the management, use and maintenance of the development\narea;\n(aa) the health and safety of persons;\n(b) the control of vehicles in areas that are not part of the public\nroadways;\n(c) the control of vessels;\n(d) the control of wharfs and berths;\n(e) the control of polluting substances and pollution control and\nclean-up;\n(f) the imposing and collection of dues and other fees and\ncharges incidental to the management, use and maintenance\nof the common property;\n(g) noise and other nuisance control;\n(h) the enforcement of the By-laws and prosecuting persons for\noffences against the By-laws;\n(i) the duties of owners and occupiers of lots; and\n(j) such other matters as are necessary or convenient to be\nprovided for by by-laws.\n(2) The By-laws may prescribe maximum penalties, not exceeding\n100 penalty units, for a contravention of, or failure to comply with,\nthe By-laws and, in addition, may prescribe a maximum penalty, not\nexceeding one penalty unit, for each day during which the offence\ncontinues.\n(3) A pecuniary penalty recovered on prosecution for an offence\nagainst the By-laws is payable to the Management Corporation and\nmay be recovered by it as a debt due to it.\n(3A) Nothing in the By-laws limits or otherwise affects the operation of\nany other law of the Territory.\n(4) Section 57 of the Interpretation Act 1978 does not apply to or in\nrelation to By-laws made under subsection (1).\n\nPart 5 Miscellaneous\nCullen Bay Marina Act 1992 13\n16 Regulations\n(1) The Administrator may make Regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay prescribe:\n(a) the functions and powers of the Management Corporation,\nincluding its powers to deal with the common property, levy\ncontributions from the lot owners and effect insurance;\n(b) the powers, obligations and duties of officers of the\nManagement Corporation;\n(c) the powers, obligations and duties of the owners, occupiers\nand mortgagees of lots in relation to the Management\nCorporation and the common property;\n(d) the procedures, at meetings or otherwise, of the Management\nCorporation and its committees;\n(e) the power of the Minister to intervene in the affairs of the\nManagement Corporation to ensure the performance of its\nfunctions and the due exercise of its powers;\n(f) voting at meetings of the Management Corporation and\nlimiting the voting power of the Developer; and\n(g) maximum penalties, not exceeding 100 penalty units for a\ncontravention of, or failure to comply with, the Regulations.\n(3) Without limiting the generality of subsection (1), and\nnotwithstanding anything in the development agreement, the\nRegulations may impose conditions on work by the Developer in\nthe development area to minimise nuisance to persons residing in\nthe development area or neighbouring areas and, in particular, may\nlimit, by reference to time or otherwise, the creation of noise and\ndust.\n(4) For the purposes of subsection (2)(b), the Regulations may provide\nthat such provisions of the Corporations Act 2001, with such\nadaptations and modifications as are prescribed, shall apply as if\nthose provisions were incorporated in this Act.\n\nPart 6 Transitional matters for Justice Legislation Amendment (Small Claims and\nOther Matters) Act 2016\nCullen Bay Marina Act 1992 14\n17 Transitional\n(1) At any time before the Management Corporation first meets after\nthe commencement of this Act the Minister may make a by-law on\nany matter which, under section 15(1), the Management\nCorporation could make a by-law.\n(2) A by-law made under subsection (1) may be revoked or amended\nby a by-law made under section 15(1) by the Management\nCorporation.\n(3) Until the first meeting of the Management Corporation after the\nissuing of the first freehold title to land referred to in section 8(1),\nthe Developer may exercise the power of approval of the\nManagement Corporation under section 13(2) and on it so doing\nthe approval shall be deemed to be that of the Management\nCorporation.\nPart 6 Transitional matters for Justice Legislation\nAmendment (Small Claims and Other Matters)\nAct 2016\n18 Current proceedings to continue in Local Court\n(1) This section applies if, before the commencement:\n(a) proceedings under this Act had been commenced in the Local\nCourt; and\n(b) the proceedings, including any appeals that might be made,\nhad not been finally determined.\n(2) The former law continues to apply in relation to the proceedings,\nincluding any appeals, as if the Small Claims Act 2016 and the\nJustice Legislation Amendment (Small Claims and Other Matters)\nAct 2016 had not commenced.\n(3) In this section:\ncommencement means the commencement of section 9 of the\nSmall Claims Act 2016.\nformer law means all of the following as in force immediately\nbefore the commencement:\n(a) this Act;\n\nPart 6 Transitional matters for Justice Legislation Amendment (Small Claims and\nOther Matters) Act 2016\nCullen Bay Marina Act 1992 15\n(b) the Small Claims Act (being Act No. 67 of 1974 (as amended)\nrepealed by section 9 of the Small Claims Act 2016);\n(c) the Local Court Act 2015.\n\nENDNOTES\nCullen Bay Marina Act 1992 16\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCullen Bay Marina Act 1992 (Act No. 81, 1992)\nAssent date 18 December 1992\nCommenced 18 December 1992\nCullen Bay Marina Amendment Act 1993 (Act No. 63, 1993)\nAssent date 3 November 1993\nCommenced 1 December 1993 (Gaz S95, 1 December 1993)\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nCullen Bay Marina Amendment Act 1998 (Act No. 77, 1998)\nAssent date 15 October 1998\nCommenced 1 December 1998 (Gaz G43, 4 November 1998, p 4)\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\n\nENDNOTES\nCullen Bay Marina Act 1992 17\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 27 February 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nCullen Bay Marina Amendment Act 2002 (Act No. 10, 2002)\nAssent date 28 March 2002\nCommenced 1 May 2002 (Gaz G17, 1 May 2002, p 2)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc; rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act\nNo. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n13 April 2016, p 4)\nPlanning Amendment Act 2020 (Act No. 19, 2020)\nAssent date 1 July 2020\nCommenced 31 July 2020 (Gaz G30, 29 July 2020, p 1)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 8 Cullen Bay Marina Amendment Act 1998 (Act No. 77, 1998)\ns 7 Cullen Bay Marina Amendment Act 2002 (Act No. 10, 2002)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 2, 3, 4, 5, 6, 7, 9, 12A\nand 15.\n\nENDNOTES\nCullen Bay Marina Act 1992 18\n5 LIST OF AMENDMENTS\npt 1 hdg ins No. 77, 1998, s 4\ns 2 amd No. 63, 1993, s 4; No. 15, 2001, s 4; No. 14, 2009, s 125; No. 3, 2016,\ns 4\npt 2 hdg ins No. 77, 1998, s 5\ns 3 amd No. 63, 1993, s 5; No. 86, 1993, s 3; No. 56, 1999, s 3; No. 19, 2020,\ns 91\ns 4 amd No. 45, 2000, s 11; No. 10, 2002, s 6\ns 6 amd No. 45, 2000, s 11\ns 7 sub No. 15, 2001, s 4\namd No. 14, 2009, s 126\npt 3 hdg ins No. 77, 1998, s 6\ns 8 amd No. 63, 1993, s 6; No. 45, 2000, s 11; No. 17, 2001, s 7\ns 9 amd No. 10, 2002, s 6\npt 4 hdg ins No. 77, 1998, s 7\ns 12A ins No. 77, 1998, s 7\namd No. 45, 2000, s 11; No. 15, 2001, s 4; No. 14, 2009, s 127\nss 12B – 12C ins No. 77, 1998, s 7\nsub No. 3, 2016, s 5\nss 12D – 12F ins No. 77, 1998, s 7\nrep No. 3, 2016, s 5\nss 12G – 12H ins No. 77, 1998, s 7\npt 5 hdg ins No. 77, 1998, s 7\ns 13 sub No. 63, 1993, s 7\namd No. 10, 2002, s 4; No. , 2010, s 3\ns 13A ins No. 63, 1993, s 7\ns 14 amd No. 70, 1993, s 8; No. 63, 1993, s 8\ns 15 amd No. 10, 2002, s 5; No. 12, 2010, s 3\ns 16 amd No. 17, 2001, s 7; No. 10, 2002, s 6; No. 12, 2010, s 3\ns 17 amd No. 63, 1993, s 9\npt 6 hdg ins No. 3, 2016, s 6\ns 18 ins No. 3, 2016, s 6","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1992 purpose of establishing the subdivision and basic management structure. Multiple amendments have layered in: (1) 1998 amendments added an entire dispute resolution Part (Part 4) with tribunal jurisdiction; (2) 2001-2002 amendments incorporated new unit title schemes and building development plans; (3) 2009 amendments recognised the Unit Title Schemes Act 2009; and (4) 2016 amendments shifted dispute resolution from the Local Court/Small Claims system to the Civil and Administrative Tribunal with transitional savings provisions. The Act now functions as a comprehensive governance code rather than a simple subdivision enabling statute."},"complexity_factors":["Multiple overlapping definitions of 'owner' that change depending on whether land is subdivided under the Unit Titles Act 1975, Part IVB of that Act, or the Unit Title Schemes Act 2009 (section 2 and 12A)","Heavy cross-referencing to external legislation including the Unit Titles Act 1975, Unit Title Schemes Act 2009, Corporations Act 2001, Land Title Act 2000, and Valuation of Land Act 1963","Conditional logic regarding the Developer's obligations versus the Management Corporation's obligations that depends on expiry of an external development agreement dated 1988 (section 10)","Nested exceptions and deeming provisions in the restrictive covenants section (section 14) where common property is 'deemed' to be contiguous for legal purposes even when it isn't","Transitional provisions spanning multiple amending Acts from 1993 through 2016, with some provisions noted as 'not commenced' (nc) in the endnotes","Dual dispute resolution pathways that overlap with general civil remedies (section 12H preserves other remedies)","Special resolution requirements (prescribed elsewhere in regulations) for key decisions like amending lot plans (section 4) and reassessing lot entitlements (section 9)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special legal framework for the Cullen Bay Marina development in Darwin, Northern Territory. It essentially sets up a private governance structure for a specific waterfront property development, allowing it to operate somewhat like a mini-local government for that area.\n\n**Key things it covers:**\n\n*   **Subdivision rules:** It governs how the land can be divided into lots (sections 3-7), including requirements for detailed plans, valuations to determine voting rights (\"lot entitlements\"), and registration of titles.\n*   **Management Corporation:** It establishes the \"Cullen Bay Marina Management Corporation\" (section 8) — a body corporate made up of all the property owners. This corporation owns and manages the \"common property\" (shared areas like the marina lock, wharves, and open spaces) and can make by-laws (rules) for the area.\n*   **Developer obligations:** It locks in the original developer's (Darwin Marina Estates Pty Ltd) responsibilities to maintain common property until those obligations expire under the original 1988 development agreement (section 10). The Corporation can force the government to enforce these obligations if the developer doesn't comply.\n*   **Dispute resolution:** It gives the Civil and Administrative Tribunal power to resolve fights between owners, the Management Corporation, and others about breaches of the Act, unfair decisions, or use of common property (Part 4).\n*   **Special protections:** Common property is exempt from council rates (section 11), and there are specific rules about maintaining seawalls (\"revetments\") (section 13) and height restrictions on buildings to protect views from nearby Lot 5556 (section 14).\n*   **By-laws:** The Management Corporation can make rules about noise, pollution, vessel control, fees, and enforcement — essentially acting as a local authority for the marina area (section 15).\n\n**Who it affects:**\n\n*   **Property owners** at Cullen Bay Marina (they become members of the Management Corporation and must pay levies).\n*   **The original Developer** and its successors (still bound by maintenance obligations).\n*   **The Northern Territory Government** (which must enforce the development agreement if asked).\n*   **Unit corporations** (bodies corporate for apartment buildings within the lots).\n\n**Why it matters:**\n\nThis is a **site-specific statute** — it doesn't apply to all of Australia, or even all of the Northern Territory. It creates a bespoke legal regime for one high-value waterfront development, blending property law, corporate governance, and local government functions. It ensures the marina's shared infrastructure (like the lock system and seawalls) is maintained properly while giving residents a formal structure to manage their community and resolve disputes without going to regular courts."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered since its original enactment by multiple amendments recorded in the endnotes and the list of amendments. Notable changes reflected in the in-force text include: insertion and expansion of dispute-resolution provisions (Part 4: ss 12A–12H were inserted — see List of amendments: ins No. 77, 1998, s 7 and later amendments), adjustments to subdivision and lot-plan procedures to align with later planning and land-title laws (e.g. references to the Planning Act 1999 and Land Title Act 2000 in s 3 and s 6; see List of amendments), accommodation of unit title scheme regimes (definitions and cross-references to the Unit Titles Act 1975 and Unit Title Schemes Act 2009 throughout the Act), and expanded regulatory powers including a specific power to adapt Corporations Act provisions to the Management Corporation (s 16(4)). The Management Corporation is also expressly excluded from certain Corporations Act matters (s 8(5)), which is a substantive change to its regulatory treatment. These amendments change both procedural detail (how plans and titles are processed) and governance scope (dispute resolution, regulatory oversight and corporate treatment)."},"complexity_factors":["Cross-references and dependence on multiple other statutes (Unit Titles Act 1975, Unit Title Schemes Act 2009, Land Title Act 2000, Valuation of Land Act 1963, Planning Act 1999, Corporations Act 2001) increase interpretive and operational complexity (see definitions and s 3, s 7, s 16(4)).","Technical prerequisites and certification requirements for lot plans (surveyor, valuer, Surveyor-General certificates) create procedural complexity and professional compliance obligations (s 3).","Valuation-driven allocation of lot entitlements and a permitted reassessment window (years 6–9) create financial variability for owners over time (s 5, s 9).","Regulatory and ministerial discretion (Registrar-General recording method, Regulations authorising Ministerial intervention and incorporation of Corporations Act provisions) concentrate significant implementation choices in administrators (s 6, s 16(2)(e), s 16(4)).","Overlapping governance layers — Developer, Management Corporation, unit corporations, owners and Tribunal — create multiple possible actors in disputes and enforcement, complicating dispute pathways (s 8, Part 4).","By-laws and penalties with specified maximums, together with criminal-style penalties for revetment breaches, create mixed compliance regimes (s 13(4), s 15(2)).","Provisions for leasing common property, restrictive covenants and easements introduce property-rights nuances that affect future commercial uses and land value (ss 11–14).","Transitional provisions and an amendment history (listed in Endnotes) indicate the Act's content has evolved, so tracing current scope requires attention to amendment entries (Endnotes and List of amendments)."],"plain_english_summary":"What this law does\n\n- Establishes a legal framework for subdividing, recording and managing a specific parcel of land called the development area (Lot 5647 Town of Darwin) at Cullen Bay. (s 2, s 3)\n- Requires the Developer to prepare a detailed \"lot plan\" before lodging a survey plan. The lot plan must show proposed lot sizes, identify common property, list easements, certify compliance with planning permits, and include a schedule of \"lot entitlements\" prepared and certified by a valuer. Freehold titles cannot be issued until the lot plan is registered. (s 3)\n- Fixes how each lot's financial share (the lot entitlement) is calculated: a valuer uses unimproved capital values to assign a whole-number entitlement to each lot. These entitlements determine contribution shares for management purposes. (s 5)\n- Requires the Registrar-General to record lot entitlements, easements and restrictive covenants on certificates of title. The Registrar-General has discretion as to how to record them. (s 6)\n- Allows further subdivision of lots in specified ways, and requires the Register to note that subdivided lots collectively retain the original lot's entitlement. (s 7)\n- Creates the Cullen Bay Marina Management Corporation automatically when the first freehold title is issued. The members are the owners of the lots that have been titled. The Corporation is a perpetual body corporate with usual property and legal capacities. (s 8)\n- Permits a reassessment of lot entitlements once between years 6 and 9 after the Developer first receives title, by a valuer requested by the Management Corporation following a prescribed special resolution. The reassessment can confirm or revise unit entitlements. (s 9)\n- Makes clear that the Developer remains primarily responsible for rectifying or maintaining common property while an obligation under the development agreement remains in force; the Management Corporation need not maintain common property until that obligation expires. If the Management Corporation considers the Developer has failed in those duties, it may ask the Minister to require the Territory to enforce the development agreement or have the work done itself under the agreement. (s 10)\n- Exempts the Management Corporation and its members from municipal rates on common property. (s 11)\n- Gives the Management Corporation power, by special resolution, to lease parts of common property on terms it decides. (s 12)\n\nHow disputes are handled\n\n- Owners, mortgagees, the Management Corporation, and unit corporations can apply to the Civil and Administrative Tribunal for resolution of disputes under the Act, Regulations or By-laws. The Tribunal may hear claims about unlawful acts or defaults by the Management Corporation, committees, or other owners, and may order remedies including monetary payment, compensation, corrective acts, or changes to Management Corporation decisions. (Part 4: ss 12A–12C)\n- The Act does not replace other civil or equitable remedies; Tribunal remedies are additional, not exclusive. (s 12H)\n\nMaintenance, easements and covenants\n\n- Individual lot owners must maintain revetments in the mooring basin part of the development area at their own expense and to at least the Developer's completion standard; restrictions apply to building or attaching things to revetments without approval. The Management Corporation can direct removal of unauthorised works, and those directions carry specified penalties. (s 13)\n- Owners have mutual easements of support against adjoining lots (including support of revetments). (s 13A)\n- The Act allows restrictive covenants to be imposed (for example, a height limit referenced to a particular benchmark) and sets who holds the benefit of those covenants. (s 14)\n\nBy-laws, regulation and penalties\n\n- The Management Corporation may make By-laws, by prescribed special resolution, covering management, safety, vehicles, vessels, wharfs, pollution control, dues and other matters. The By-laws may impose fines (up to stated maximums) and fines recovered on prosecution go to the Management Corporation. (s 15)\n- The Administrator may make Regulations covering matters required or permitted by the Act, including the Management Corporation's functions (levying contributions, insurance, voting rules, and powers of officers), the Minister's power to intervene in corporate affairs, and conditions on Developer work to limit nuisance. Regulations may incorporate adapted provisions of the Corporations Act. (s 16)\n\nWho is affected and who pays\n\n- Affected parties include: the Developer (defined as Darwin Marina Estates Pty. Ltd. or successors) (s 2), owners of lots and units within the development area (s 2, s 12A), mortgagees, unit corporations, the Management Corporation itself (s 8), and the Territory insofar as it enforces the development agreement (s 10).\n- Costs are borne largely by lot owners (maintenance of revetments (s 13), payment of contributions and dues under By-laws and Regulations (s 15, s 16)), by the Developer (initial works and obligations under the development agreement) and potentially by the Territory if it is asked to enforce the development agreement (s 10).\n\nImplementation mechanics and decision points (sources of discretion and compliance burden)\n\n- Technical compliance: the lot plan requires surveying standards and multiple certificates (surveyor, valuer, Surveyor-General) before titles issue, creating tasks and fees for the Developer and professionals. (s 3)\n- Valuation influence: lot entitlement is determined by a valuer using unimproved capital values, and may be reassessed once in years 6–9 at the Management Corporation's request, changing owners' contribution shares. (s 5, s 9)\n- Administrative discretion: the Registrar-General decides how to record entitlements and easements on title documents. (s 6)\n- Ministerial and regulatory discretion: Regulations may specify intervention powers for the Minister in the Corporation's affairs and may adapt Corporations Act provisions for application to the Management Corporation. (s 16(2)(e), s 16(4))\n- Enforcement and penalties: By-laws can create offences with monetary penalties payable to the Management Corporation; the Act also prescribes criminal penalties and daily fines for failure to remove unauthorised works on revetments. (s 15(2)–(3), s 13(4))\n\nWhy it matters\n\n- It converts the physical development and shared infrastructure at Cullen Bay into a legal structure that allocates costs, responsibilities and decision-making among the Developer, lot owners and the Management Corporation. It sets how ownership shares are calculated and updated, how common property can be used or leased, who enforces Developer obligations, how disputes get resolved, and what regulatory oversight and penalties apply. These mechanisms determine who pays for ongoing maintenance and improvements, who controls common resources, where compliance costs fall, and what formal routes exist for resolving conflicts. (See especially ss 3–13, Part 4, ss 15–16).\n\nSource references: Cullen Bay Marina Act 1992 — key sections noted above are cited in parentheses."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/cullen-bay-marina-act-1992","history":"/api/acts/cullen-bay-marina-act-1992/history","analysis":"/api/acts/cullen-bay-marina-act-1992/analysis","conflicts":"/api/acts/cullen-bay-marina-act-1992/conflicts","importantCases":"/api/acts/cullen-bay-marina-act-1992/important-cases","documents":"/api/acts/cullen-bay-marina-act-1992/documents"}}