ACTIn ForceAct
Land Titles Act 1925
123DBuilding management statement may be registered
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123D Building management statement may be registered
(1) A person may apply to the registrar-general for registration of a
building management statement or an amendment of a registered
building management statement for a relevant building.
(2) The registrar-general may only register a building management
statement, or an amendment to the statement, if the statement or the
amendment is approved by the territory planning authority under
section 123I.
(3) If the registrar-general registers a building management statement,
the registrar-general must register the statement, and any amendment
to the statement, for each Crown lease to which the statement applies.
(4) On registration of the building management statement for 2 or more
Crown leases, the lessee under a lease (a benefited lease) has against
the lessee under another lease (the burdened lease) the following
easement rights that are necessary for the reasonable use and
enjoyment of the benefited lease:
(a) rights of support, shelter and protection (including rights for
shelter provided by encroaching eaves, awnings or similar
structures)—
(i) provided by the burdened lease at the time of the
registration of the building management statement, or at
the time of the latest amendment (if any) of the building
management statement after its registration; and
(ii) that will be provided by the burdened lease if the lessee
complies with any building and development provision in
the burdened lease;
(b) rights to utility services, and to their provision by any reasonable
form of utility conduit (including rights for the collection,
passage and drainage of rainwater by encroaching eaves, gutters,
downpipes or similar structures);
(c) all ancillary rights necessary to make the rights mentioned in
paragraphs (a) and (b) effective, including a right of entry by the
lessee under the benefited lease at all reasonable times on the
burdened lease for the inspection and maintenance of—
(i) any structure on the burdened lease; and
(ii) facilities for any utility service on the burdened lease; and
(iii) any utility conduit on the burdened lease.