sec.25Variation or extinguishment of plan

### sec.25 Variation or extinguishment of plan For the purposes of this Act a plan is extinguished on the happening of the following events— when— the body corporate by unanimous resolution so resolves; or 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 effect; when, in the case of a group titles plan, the approval of the local authority to the proposed extinguishment has been obtained; when the registrar of titles makes an entry of the extinguishment on the registered plan pursuant to section 26 . 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 plan. 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, for example, conditions about— 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 local government; or 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. 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 . 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. An applicant for approval to the extinguishment of a plan who feels aggrieved by— 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 approval; or Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 . the conditions imposed by a local government pursuant to subsection (3) ; or the failure of a local government to comply with the provisions of subsection (4A) ; may appeal to the Planning and Environment Court. 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. Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 . Where an order is made pursuant to subsection (1) (a) (ii) , the Court may by order— 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 in the case of a group titles plan, impose any of the conditions which a local government may impose pursuant to subsection (3) . 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 provisions— for the reinstatement in whole or in part of the building; or 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. 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— directing the application of insurance moneys received by the body corporate in respect of damage to the building; or directing payment of money by the body corporate or by proprietors or by some 1 or more of them; or directing such amendment of the building units plan as the Court thinks fit, so as to include in the common property any accretion thereto; or imposing such terms and conditions as it thinks fit. 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. The Court may from time to time vary an order made by it under this section. 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. By the same or subsequent order the Court may declare the body corporate dissolved as on and from a date specified in the order. On an application under this section the Court may make such order for the payment of costs as it thinks fit. 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. s 25 amd 1988 No. 23 s 12 ; 1993 No. 70 s 804 sch ; 2022 No. 28 s 48 sch 1 (sec.25-ssec.1) For the purposes of this Act a plan is extinguished on the happening of the following events— when— the body corporate by unanimous resolution so resolves; or 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 effect; when, in the case of a group titles plan, the approval of the local authority to the proposed extinguishment has been obtained; when the registrar of titles makes an entry of the extinguishment on the registered plan pursuant to section 26 . (sec.25-ssec.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 plan. (sec.25-ssec.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, for example, conditions about— 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 local government; or 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. (sec.25-ssec.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 . (sec.25-ssec.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. (sec.25-ssec.5) An applicant for approval to the extinguishment of a plan who feels aggrieved by— 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 approval; or Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 . the conditions imposed by a local government pursuant to subsection (3) ; or the failure of a local government to comply with the provisions of subsection (4A) ; may appeal to the Planning and Environment Court. (sec.25-ssec.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. Local Government (Planning and Environment) Act 1990 —see the Acts Interpretation Act 1954 , section 14H and the Integrated Planning Act 1997 . (sec.25-ssec.6) Where an order is made pursuant to subsection (1) (a) (ii) , the Court may by order— 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 in the case of a group titles plan, impose any of the conditions which a local government may impose pursuant to subsection (3) . (sec.25-ssec.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 provisions— for the reinstatement in whole or in part of the building; or 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. (sec.25-ssec.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— directing the application of insurance moneys received by the body corporate in respect of damage to the building; or directing payment of money by the body corporate or by proprietors or by some 1 or more of them; or directing such amendment of the building units plan as the Court thinks fit, so as to include in the common property any accretion thereto; or imposing such terms and conditions as it thinks fit. (sec.25-ssec.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. (sec.25-ssec.9) 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. (sec.25-ssec.10) The Court may from time to time vary an order made by it under this section. (sec.25-ssec.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. (sec.25-ssec.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. (sec.25-ssec.12) On an application under this section the Court may make such order for the payment of costs as it thinks fit. (sec.25-ssec.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. - (a) when— (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 effect; - (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 effect; - (b) when, in the case of a group titles plan, the approval of the local authority to the proposed extinguishment has been obtained; - (c) when the registrar of titles makes an entry of the extinguishment on the registered plan pursuant to section 26 . - (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 effect; - (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 local government; or - (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. - (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 approval; or Editor’s note— 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) ; - (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) . - (a) for the reinstatement in whole or in part of the building; or - (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. - (a) directing the application of insurance moneys received by the body corporate in respect of damage to the building; or - (b) directing payment of money by the body corporate or by proprietors or by some 1 or more of them; or - (c) directing such amendment of the building units plan as the Court thinks fit, so as to include in the common property any accretion thereto; or - (d) imposing such terms and conditions as it thinks fit.