NORTHERN TERRITORY OF AUSTRALIA
TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES ACT 2014
As in force at 1 May 2019
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Act binds Crown .............................................................................. 1
4 Interpretation ................................................................................... 1
5 Application of Criminal Code ........................................................... 6
Part 2 General rules
6 Termination of development ............................................................ 6
Part 3 Termination by unanimous resolution
7 Termination by resolution ................................................................ 6
Part 4 Termination by vote of required
percentage of owners
8 Application of Part ........................................................................... 7
9 Application for approval certificate ................................................... 7
10 Approval certificate .......................................................................... 9
11 Resolution – proposed termination ................................................ 11
12 If resolution passed ....................................................................... 12
13 Sale to proponent of unit of objecting owner.................................. 15
14 Limits on vote after resolution defeated ......................................... 18
Part 5 Termination by Tribunal
15 Application of Part ......................................................................... 19
16 Who may apply to Tribunal ............................................................ 19
17 Order of Tribunal ........................................................................... 21
18 Appeal to Supreme Court .............................................................. 22
Part 6 Effect of termination
19 When termination takes effect ....................................................... 23
20 Effect of termination ....................................................................... 23
Termination of Units Plans and Unit Title Schemes Act 2014 ii
Part 7 Miscellaneous provisions
21 Misleading information ................................................................... 25
22 Commencing proceedings ............................................................. 26
23 Regulations.................................................................................... 26
Part 8 Transitional matters for Termination of
Units Plans and Unit Title Schemes Act
2014
24 Definitions ...................................................................................... 26
25 Application for termination made before commencement .............. 27
26 Notice of termination resolution sent before commencement ........ 27
27 Termination resolution passed before commencement ................. 27
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 May 2019
TERMINATION OF UNITS PLANS AND UNIT TITLE SCHEMES ACT 2014
An Act to provide for the termination of units plans and unit title
schemes, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Termination of Units Plans and Unit
Title Schemes Act 2014.
2 Commencement
This Act commences on 1 January 2015.
3 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
4 Interpretation
(1) In this Act:
approval certificate means:
(a) an approval certificate issued under section 10; or
(b) an order made by the Tribunal on an application under
section 10(5)(b) that has the same effect as an approval
certificate.
basic scheme, see section 63(3) of the Unit Title Schemes
Act 2009.
body corporate, in relation to a development:
(a) if the development is a scheme – see section 5 of the Unit
Title Schemes Act 2009; or
Part 1 Preliminary matters
Termination of Units Plans and Unit Title Schemes Act 2014 2
(b) otherwise – means a corporation.
building development, see section 4(1) of the Unit Titles Act 1975.
common property, in relation to a development:
(a) if the development is a scheme – see section 33(1) of the Unit
Title Schemes Act 2009; or
(b) otherwise – see section 4(1) of the Unit Titles Act 1975.
condominium development, see section 4(1) of the Unit Titles
Act 1975.
corporation, see section 4(1) of the Unit Titles Act 1975.
development means a scheme, unit development, building
development, condominium development or estate development.
development land means the units and the common property of a
development.
draft notice of proposed termination, see section 9(2).
estate development, see section 4(1) of the Unit Titles Act 1975.
higher scheme, in relation to a development, means:
(a) if the development is a scheme – a higher scheme as defined
in section 63(2) of the Unit Title Schemes Act 2009; or
(b) otherwise – a development under which one or more building
lots or estate development lots have been further subdivided
into units and common property.
interest entitlement, in relation to a development, means:
(a) if the development is a scheme – see section 5 of the Unit
Title Schemes Act 2009; or
(b) otherwise – a unit entitlement as defined in section 4(1) of the
Unit Titles Act 1975.
notice of proposed termination, see section 10(6).
objecting owner, in relation to a termination of a development
mentioned in section 11(1), means an owner of a unit in the
development who has not voted in favour of the resolution
mentioned in that section.
Part 1 Preliminary matters
Termination of Units Plans and Unit Title Schemes Act 2014 3
owner, in relation to a unit in a development:
(a) means:
(i) if the development is a scheme – the unit owner under
the Unit Title Schemes Act 2009; or
(ii) otherwise – the proprietor of the unit under the Unit
Titles Act 1975; and
(b) includes a person who has a share of the ownership of the
unit as a joint tenant or tenant in common; and
(c) also includes the following persons:
(i) a mortgagee in possession of the unit;
(ii) an executor of an estate that includes the unit;
(iii) any other person who has the right to sell the unit.
plan of termination means a plan of termination prescribed by
regulation for section 54G of the Land Title Act 2000.
prescribed number of days, in relation to a provision of this Act,
means:
(a) if a number of days has been prescribed for the provision by
regulation – that number of days; or
(b) if a number of days has not been prescribed by regulation:
(i) for section 10(1) or (5) or 13(4)(d) – 56 days; or
(ii) for section 12(2)(b)(i) or 13(2)(b) – 182 days; or
(iii) for section 13(4)(a) or (b) – 14 days; or
(iv) otherwise – 28 days.
prescribed professional organisation means a professional
organisation prescribed by regulation for this Act.
proponent, in relation to a development to which Part 4 applies,
means:
(a) an owner of a unit in the development who proposes:
(i) the termination of the development; or
Part 1 Preliminary matters
Termination of Units Plans and Unit Title Schemes Act 2014 4
(ii) the termination of the development and the
redevelopment of the development land; or
(b) a person formed by 2 or more owners of units mentioned in
paragraph (a).
required percentage, of the owners of the units in a development
to which Part 4 applies, means:
(a) if the development is at least 30 years of age on the day on
which the proponent makes the application for an approval
certificate under section 9(1) – owners who together have the
right to vote in relation to at least 80% of the total interest
entitlement of the development on that day; or
(b) if the development is at least 20 years of age but less than
30 years of age on the day on which the proponent makes the
application for an approval certificate under section 9(1) –
owners who together have the right to vote in relation to at
least 90% of the total interest entitlement of the development
on that day; or
(c) if the development is at least 15 years of age but less than
20 years of age on the day on which the proponent makes the
application for an approval certificate under section 9(1) –
owners who together have the right to vote in relation to at
least 95% of the total interest entitlement of the development
on that day.
scheme, see section 5 of the Unit Title Schemes Act 2009.
schemes supervisor, see section 5 of the Unit Title Schemes
Act 2009.
subsidiary scheme, see section 63(1) of the Unit Title Schemes
Act 2009.
termination, of a development, means:
(a) if the development is a scheme – termination of the scheme;
or
(b) if the development is a unit development, building
development, condominium development or estate
development – cancellation of the units plan.
Tribunal means the Northern Territory Civil and Administrative
Tribunal.
Part 1 Preliminary matters
Termination of Units Plans and Unit Title Schemes Act 2014 5
unanimous resolution, of a body corporate of a development,
means a resolution passed when the number of the votes counted
in favour of the resolution is equal to the total number of the units in
the development.
unit in relation to a development:
(a) if the development is a scheme – see section 37 of the Unit
Title Schemes Act 2009; or
(b) otherwise – see section 4(1) of the Unit Titles Act 1975.
unit development means a development to which Part III of the
Unit Titles Act 1975 applies, and includes lots subdivided under
section 26Y, and building lots subdivided under section 26ZV, of
that Act.
valuer means a person who is a member of a prescribed
professional organisation.
(2) The start date for the reckoning of the age of a development for the
definition of required percentage in subsection (1) is:
(a) for a development that contains buildings:
(i) if the date on which the development's buildings were
substantially completed (or, in the case of different days,
the date on which the first of the development's buildings
to be substantially completed was substantially
completed) is proven – that date; or
(ii) if the date mentioned in subparagraph (i) is not proven
but the date on which occupancy of the development's
buildings was first permitted under the Building Act 1993
(or, in the case of different dates, the date on which
occupancy of the first of the buildings was first permitted
under that Act) is proven – that date; or
(iii) if the dates mentioned in subparagraphs (i) and (ii) are
not proven, but the Registrar-General has provided
information under section 38 of the Land Title Act 2000
that indicates the earliest date on which a development's
buildings existed – that date; or
(b) for a development that does not contain buildings, or if the
dates mentioned in paragraph (a)(i), (ii) and (iii) are not
proven – the date on which the scheme was formed or the
units plan was registered.
Part 3 Termination by unanimous resolution
Termination of Units Plans and Unit Title Schemes Act 2014 6
(3) A term not defined in this Act but defined in the Land Title Act 2000,
Real Property (Unit Titles) Act 1975, Unit Title Schemes Act 2009
or Unit Titles Act 1975 has the same meaning in this Act.
5 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 General rules
6 Termination of development
(1) Unless section 72 of the Unit Title Schemes Act 2009 applies, a
development may be terminated only under this Act:
(a) by unanimous resolution; or
(b) if Part 4 applies – by a vote of the required percentage of the
owners of the units in the development in accordance with that
Part; or
(c) by order of the Tribunal under Part 5.
(2) A higher scheme of a development may not be terminated under
this Act unless, at the same time, all its subsidiary schemes are
also terminated.
Part 3 Termination by unanimous resolution
7 Termination by resolution
A development may be terminated if the body corporate of the
development decides to terminate it by a unanimous resolution.
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 7
Part 4 Termination by vote of required percentage of
owners
8 Application of Part
This Part applies to the termination, by a resolution of the required
percentage of the owners of the units in a development:
(a) that is at least 15 years of age on the day on which the
proponent makes the application for an approval certificate
under section 9(1); and
(b) in which there are at least 10 units.
9 Application for approval certificate
(1) If there is no unanimous resolution to terminate a development, the
proponent of the termination of the development must make a
written application to the schemes supervisor for an approval
certificate, accompanied by the fee prescribed by regulation and a
draft notice of proposed termination.
(2) A draft notice of proposed termination must contain the following
information:
(a) the name and contact details of the proponent;
(b) an explanation of the process required under this Part for the
termination of the development that:
(i) if the schemes supervisor has published a form of
explanation – is in that form; and
(ii) if the development is a unit development, building
development, condominium development or estate
development – states that there is a requirement that
any development resulting from any redevelopment is a
scheme;
(c) a statement of the right of an owner of a unit in the
development to sell the unit in accordance with this Part if the
proposed termination is approved;
(d) a statement of any proposed disposition of the property that is
owned by the body corporate immediately before the
termination;
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 8
(e) if redevelopment of the development land is proposed – a
description of the reason for the proposed termination, and a
description of the proposed redevelopment, including the
following:
(i) architectural plans for the proposed redevelopment;
(ii) a statement of the approximate date on which it is
proposed that the redevelopment would start and be
completed;
(iii) the estimated cost of the proposed redevelopment,
including a plan for the financing of the proposed
redevelopment;
(iv) a proposal for the way in which owners of units in the
development, and any tenants, would be dealt with
during the carrying out of the works for the proposed
redevelopment, and, if applicable, after its completion,
including in relation to relocation or a payment to the
owners instead of relocation;
(v) if the proposed redevelopment would result in a higher
scheme or subsidiary scheme – the information
prescribed by regulation;
(vi) if applicable, a proposed scheme statement for the
development land after the redevelopment is completed;
(vii) an estimate of the value of the development land after
the proposed redevelopment is completed;
(viii) a statement disclosing any arrangements or proposed
arrangements with a person for any proposed
redevelopment;
(f) any other information about a matter mentioned in
paragraphs (a) to (e) or another matter prescribed by
regulation.
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 9
10 Approval certificate
(1) As soon as practicable after receiving an application under
section 9(1), the schemes supervisor must review the application,
and do one of the following, within the prescribed number of days
after receiving the application:
(a) if satisfied that the draft notice is sufficient to permit the
owners of the units in the development to make an informed
decision on the proposed termination – issue an approval
certificate to the proponent;
(b) if not satisfied that enough information has been provided for
the schemes supervisor to decide whether or not to issue an
approval certificate – serve on the proponent a request that:
(i) describes the type of information sought; and
(ii) fixes a date before which the proponent must provide the
information;
(c) if not satisfied that the draft notice is sufficient as described in
paragraph (a) – do one of the following:
(i) if satisfied that the matters to be addressed for the
application to comply with this Part could likely be
addressed within a reasonable time – serve on the
proponent an explanatory notice that:
(A) describes those matters; and
(B) fixes a date before which the proponent must
address those matters;
(ii) otherwise – reject the application.
(2) If an explanatory notice under subsection (1)(c)(i) is served on the
proponent, the proponent may do one of the following before the
date fixed in the notice:
(a) address the matters in accordance with the explanatory notice
and serve on the schemes supervisor an amended draft notice
of proposed termination;
(b) choose not to proceed with the proposed termination and
serve a notice withdrawing the application on the schemes
supervisor;
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 10
(c) appeal to the Tribunal against the explanatory notice, not later
than the last day of the prescribed number of days after the
date fixed in the notice.
(3) The proponent is taken to have abandoned the application for the
approval certificate if:
(a) a request under subsection (1)(b), or an explanatory notice
under subsection (1)(c)(i), is served on the proponent; and
(b) the proponent does not provide the information, or address the
matters, before the date fixed in the request or notice, or any
later date agreed to by the schemes supervisor.
(4) If an amended draft notice of proposed termination is served under
subsection (2)(a), the schemes supervisor:
(a) must deal with the amended draft notice of proposed
termination as though it were the original draft notice of
proposed termination that accompanied the application served
under section 9(1); but
(b) must not serve another request under subsection (1)(b) or
explanatory notice under subsection (1)(c)(i) after reviewing
the amended draft notice.
(5) If the schemes supervisor does not do one of the actions required
by subsection (1) before the last day of the prescribed number of
days applicable to that subsection:
(a) the application for an approval certificate is taken to have
been rejected; and
(b) the proponent may apply to the Tribunal, not later than the last
day of the prescribed number of days after the last day of the
prescribed number of days applicable to subsection (1), for an
order that has the same effect as an approval certificate; and
(c) if the schemes supervisor does one of the actions mentioned
in subsection (1) before the Tribunal has begun to hear the
application under paragraph (b):
(i) the action is as valid as if it had been done before that
last day of that prescribed number of days; and
(ii) the Tribunal must not proceed to hear the application;
and
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 11
(iii) the schemes supervisor must, if the proponent so
requests, pay to the proponent an amount not greater
than the amount of any filing or hearing fee paid in
relation to the application by the proponent.
(6) A draft notice of proposed termination (or amended draft notice of
proposed termination) becomes the notice of proposed
termination for this Act:
(a) if the proponent has applied to the Tribunal for an order under
subsection (5)(b) – when the order made by the Tribunal that
has the same effect as an approval certificate takes effect; or
(b) otherwise – when the approval certificate is issued under this
section.
11 Resolution – proposed termination
(1) As soon as practicable after receiving an approval certificate under
section 10, a proponent must serve a request on the body
corporate asking that a meeting of the body corporate be held to
vote on a resolution for the termination of the development in
accordance with the notice of proposed termination.
(2) The body corporate must:
(a) notify each owner and each mortgagee of a unit in the
development of the meeting; and
(b) include a copy of the notice of proposed termination with the
notice to each owner and each mortgagee of the meeting; and
(c) hold the meeting not earlier than 3 months and not later than
12 months after the date of the approval certificate.
(3) A mortgagee must be heard at the meeting if the mortgagee:
(a) is present at the meeting; and
(b) requests to be heard at the meeting to object to the proposed
termination of the development.
(4) If the body corporate does not do what it is required to do under
subsection (2):
(a) the proponent may apply to the Tribunal, within the prescribed
number of days, for an order requiring the body corporate to
do what it is required to do; and
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 12
(b) the Tribunal may make any order it considers necessary,
including the following:
(i) an order requiring the body corporate to do what it is
required to do;
(ii) an order requiring another person to do what the body
corporate is required to do instead of the body corporate.
12 If resolution passed
(1) If, at a meeting held after a request is served under section 11(1),
the resolution is passed by the required percentage of the owners
of the units in the development:
(a) the termination of the development, in accordance with the
notice of proposed termination and this Act, is approved; and
(b) the body corporate must, within 14 days after the resolution is
passed, serve a copy of the resolution on each owner and
each mortgagee of a unit in the development; and
(c) an objecting owner must do one of the following, within the
prescribed number of days after the resolution is served under
paragraph (b):
(i) give a notice in writing to the proponent stating that the
objecting owner is no longer to be considered an
objecting owner;
(ii) give a notice in writing to the proponent stating that the
objecting owner is selling the unit otherwise than under
section 13;
(iii) serve the written notice of intention to sell the unit under
section 13;
(iv) apply to the Tribunal for an order under Part 5; and
(d) a mortgagee who objects to the proposed termination may
apply to the Tribunal, within the prescribed number of days
after the resolution is served on the mortgagee under
paragraph (b), for an order under Part 5.
Note for subsection (1)
See section 19 for how and when the termination takes effect.
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 13
(2) The following applies to an objecting owner who gives or serves a
notice mentioned in subsection (1)(c):
(a) if the notice is given under subsection (1)(c)(i) – the objecting
owner must cooperate in the termination of the development;
(b) if the notice is given under subsection (1)(c)(ii):
(i) the objecting owner must, within the prescribed number
of days after giving the notice, provide a copy of a
binding contract to purchase the objecting owner's unit
to the proponent; and
(ii) the objecting owner must proceed with the sale as soon
as practicable after providing the copy, and in any event,
not later than 42 days after providing it;
(c) if the notice is served under subsection (1)(c)(iii) – the
objecting owner must proceed with the sale in accordance
with section 13 as soon as practicable.
(3) If an objecting owner does not do one of the things mentioned in
subsection (1)(c) as required by that subsection, or comply with
subsection (2)(a) or (c) if applicable, the proponent may apply to the
Tribunal, within 28 days after the last day of the prescribed number
of days applicable to subsection (1)(c), for an order for the sale of
the objecting owner's unit to the proponent:
(a) at a price fixed by the Tribunal after it has received the written
report mentioned in subsection (5); and
(b) on the other terms and conditions ordered by the Tribunal and
that comply with any requirements prescribed by regulation as
mentioned in section 13(5)(a)(ii).
(4) If subsection (2)(b) applies and an objecting owner does not comply
with it, the proponent may apply to the Tribunal for an order for the
sale of the objecting owner's unit to the proponent:
(a) at a price fixed by the Tribunal after it has received the written
report mentioned in subsection (5); and
(b) on the other terms and conditions ordered by the Tribunal and
that comply with any requirements prescribed by regulation as
mentioned in section 13(5)(a)(ii).
(5) The Tribunal must not fix a price under subsection (3)(a) until it has
received a written report of a valuer's expert advice on the value of
the unit, assessed on the basis mentioned in section 13(4)(d)(i).
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 14
(6) An application under this section must be served as follows:
(a) an application under subsection (1)(c)(iv) or (d) must be
served on the following persons:
(i) the proponent;
(ii) each owner of a unit in the development;
(iii) each mortgagee of a unit in the development;
(iv) the schemes supervisor;
(b) an application under subsection (3) must be served on the
following persons:
(i) the objecting owner;
(ii) each mortgagee of the objecting owner's unit;
(iii) the schemes supervisor.
(7) The effect of an application mentioned in subsection (1)(c)(iv) or (d)
is to suspend termination of the development until the application
or, if applicable, an appeal under section 18, has been decided.
(8) If a person acquires, or enters into a binding agreement for the
acquisition of, a unit in the development after the resolution is
passed but before the details and information are registered under
subsection (9)(b):
(a) the body corporate must, as soon as practicable and in any
event within 14 days after the body corporate becomes aware
of the acquisition or entering into of the agreement, serve a
copy of the resolution mentioned in subsection (1) on the
person; and
(b) after the copy of the resolution is served:
(i) this Act applies to the person as if the person were an
objecting owner; and
(ii) the person must do one of the things mentioned in
subsection (1)(c), within the prescribed number of days
after the copy of the resolution is served under
paragraph (a).
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 15
(9) After the resolution is passed:
(a) the body corporate must give to the Registrar-General, within
14 days after the date of the meeting:
(i) a copy of the notice of proposed termination; and
(ii) any document or information prescribed by regulation;
and
(iii) the fee prescribed by regulation; and
(b) the Registrar-General must, as soon as practicable after
receiving the documents under paragraph (a), register the
notice of proposed termination, and the information prescribed
by regulation, in the land register kept under section 6 of the
Land Title Act 2000; and
(c) a person who acquires, or enters into a binding agreement for
the acquisition of, a unit in the development after the details
and information are registered under paragraph (b) has the
same rights and duties as the owner from whom the person
has acquired the unit; and
(d) the proponent must pay the body corporate, on demand, the
amount of the fee that the body corporate has paid under
paragraph (a)(iii).
(10) The body corporate may apply to the Tribunal for an extension of
the 14 days mentioned in subsection (9)(a).
13 Sale to proponent of unit of objecting owner
(1) An objecting owner who decides to sell the owner's unit to the
proponent under this section must, within the prescribed number of
days after a copy of the resolution is served on the objecting owner
under section 12(1)(b), serve a written notice of intention to sell the
unit on the following persons:
(a) the proponent;
(b) the mortgagee of the unit;
(c) the body corporate;
(d) the schemes supervisor.
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 16
(2) The notice under subsection (1) must include the following
information:
(a) a statement of the price at which the objecting owner offers to
sell the unit;
(b) a statement of the period (which must end at least the
prescribed number of days after the service on the proponent
of the notice of intention to sell) during which the offer to sell at
the price mentioned in paragraph (a) is open for acceptance;
(c) any other information about a matter mentioned in
paragraph (a) or (b) or another matter prescribed by
regulation.
(3) Before the last day of the prescribed number of days applicable to
subsection (2)(b), the proponent and the objecting owner may
agree to the sale of the unit, either at the price mentioned in
subsection (2)(a) or at another price on which they agree.
(4) If the proponent and the objecting owner do not agree to the sale of
the unit under subsection (3):
(a) the proponent must, within the prescribed number of days
after the service of the notice under subsection (1), serve a
written application on the schemes supervisor, accompanied
by the fee prescribed by regulation, for an appointment under
paragraph (b); and
(b) the schemes supervisor must, within the prescribed number of
days after the service of the application under paragraph (a),
request a prescribed professional organisation to appoint a
valuer to provide expert advice as to the value of the unit; and
(c) the prescribed professional organisation must, within the
prescribed number of days after the request under
paragraph (b), appoint a valuer to provide that advice; and
(d) within the prescribed number of days after the appointment
under paragraph (c), the valuer must:
(i) assess the value of the unit, using the rules in
Schedule 2 to the Lands Acquisition Act 1978 in the
same way as they would be used for an assessment of
compensation payable for an acquisition of the unit
under that Act; and
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 17
(ii) provide a written report as to the valuer's expert advice
on the value assessed under subparagraph (i) to the
following persons:
(A) the proponent (on payment of the reasonable fees
of the valuer);
(B) the objecting owner;
(C) the body corporate;
(D) the schemes supervisor.
(5) The objecting owner must, within the prescribed number of days
after the report is provided under subsection (4)(d)(ii):
(a) execute a binding agreement to sell the unit to the proponent:
(i) at a price equal to the value mentioned in the report; and
(ii) on terms and conditions that comply with any
requirements prescribed by regulation, including as to
when the sale will occur or when vacant possession of
the unit must be delivered; or
(b) apply to the Tribunal for an order under Part 5 in relation to the
termination of the development.
(6) The following persons may apply to the Tribunal, and the Tribunal
may make any order it considers necessary, in the following
circumstances:
(a) the objecting owner may apply for an order requiring the
proponent to apply to the schemes supervisor for the
appointment of a valuer as required by subsection (4)(a);
(b) the proponent may apply for an order requiring the schemes
supervisor to request a prescribed professional organisation to
appoint a valuer, if the schemes supervisor does not make the
request as required by subsection (4)(b);
(c) the proponent, the objecting owner or the schemes supervisor
may apply for an order appointing a valuer to perform the
functions under subsection (4)(d)(i) and (ii) if the prescribed
professional organisation does not appoint one as required by
subsection (4)(c);
Part 4 Termination by vote of required percentage of owners
Termination of Units Plans and Unit Title Schemes Act 2014 18
(d) the proponent, the objecting owner or the schemes supervisor
may apply for an order fixing the price for the sale of the unit if
the valuer does not provide the report as required by
subsection (4)(d)(ii);
(e) the proponent may apply for an order for the sale of the unit to
the proponent at the price mentioned in subsection (5)(a)(i) if
the objecting owner does not execute the binding agreement
mentioned in that subsection;
(f) the proponent or the objecting owner may apply for an order
fixing the terms and conditions of the sale of the unit to the
proponent if the proponent and the owner are unable to agree
on the terms and conditions under subsection (5)(a)(ii) as
required by that subsection.
(7) The following are payable by the proponent:
(a) the costs associated with a sale mentioned in subsection (3),
(5)(a) or (6)(e) or (f);
(b) the reasonable fees of the valuer for performing the functions
under subsection (4)(d)(i) and (ii).
14 Limits on vote after resolution defeated
(1) This section applies when a person wishes to propose the
termination of a development after a resolution for the termination
of the development is voted on and not passed by the required
percentage of the owners of the units in the development (the
earlier resolution).
(2) If the terms of the proposal are identical to those in the earlier
resolution, the proponent for the earlier notice of proposed
termination, or another proponent, may:
(a) serve a request under section 11(1) on the body corporate; or
(b) make an application under section 9 for an approval
certificate.
(3) A request mentioned in subsection (2)(a) must not be served, and
an application mentioned in subsection (2)(b) must not be made,
within 26 weeks after the meeting at which the earlier resolution
was not passed.
(4) If the terms of the proposal are not identical to those in the earlier
resolution, the proponent (whether or not the proponent in relation
to the earlier resolution) must make an application under section 9
for an approval certificate but must not make the application within
Part 5 Termination by Tribunal
Termination of Units Plans and Unit Title Schemes Act 2014 19
26 weeks after the meeting at which the earlier resolution was not
passed.
(5) This Act applies every time a request mentioned in
subsection (2)(a) is served, or an application mentioned in
subsection (2)(b) or (4) is made, in the same way as it does to an
earlier proposal.
Part 5 Termination by Tribunal
15 Application of Part
This Part applies when an application is made to the Tribunal by:
(a) a person mentioned in section 16(1) for an order in relation to
the termination of a development:
(i) if the development is one in which there are fewer than
10 units; or
(ii) if the development is one to which Part 4 does not apply
for any other reason; or
(b) a person mentioned in section 16(2) for an order in relation to
the termination of a development to which Part 4 applies.
16 Who may apply to Tribunal
(1) The following persons may apply to the Tribunal for an order
mentioned in section 15(a):
(a) if the development is a scheme:
(i) if the scheme is a basic scheme – the body corporate, or
an owner of a unit, of the basic scheme; or
(ii) if the scheme is a higher scheme – the body corporate,
or an owner of a unit, of the higher scheme or any of its
subsidiary schemes;
(b) if the development is a unit development, building
development, condominium development or estate
development – the corporation, the administrator of the
corporation or an owner of a unit in the development.
Part 5 Termination by Tribunal
Termination of Units Plans and Unit Title Schemes Act 2014 20
(2) The following persons may apply to the Tribunal for an order
mentioned in section 15(b):
(a) a person on whom a right to apply to the Tribunal is conferred
by Part 4 if:
(i) a unanimous resolution to terminate the development
has not been passed; and
(ii) a resolution has been passed as mentioned in
section 12(1);
(b) the corporation, the administrator of the corporation or an
owner of a unit in the development if:
(i) the development is a unit development, building
development, condominium development or estate
development; and
(ii) a unanimous resolution to terminate the development
has not been passed; and
(iii) a meeting was held after a request under section 11(1)
but the resolution for the termination of the development
was not passed by the required percentage of the
owners of the units in the development;
(c) the body corporate, or an owner of a unit if:
(i) the development is a basic scheme; and
(ii) a unanimous resolution to terminate the development
has not been passed; and
(iii) a meeting was held after a request under section 11(1)
but the resolution for the termination of the development
was not passed by the required percentage of the
owners of the units in the development;
(d) the body corporate, or an owner of a unit in the higher scheme
or any of its subsidiary schemes if:
(i) the development is a higher scheme; and
(ii) a unanimous resolution to terminate the development
has not been passed; and
Part 5 Termination by Tribunal
Termination of Units Plans and Unit Title Schemes Act 2014 21
(iii) a meeting was held after a request under section 11(1)
but the resolution for the termination of the development
was not passed by the required percentage of the
owners of the units in the development.
17 Order of Tribunal
(1) The Tribunal may make an order approving the termination of a
development, or the termination of the development and the
redevelopment of the development land, only if the Tribunal
considers that:
(a) it is just and equitable to do so; and
(b) any objection to the termination or redevelopment by an owner
of a unit in the development is unreasonable; and
(c) it is otherwise necessary to do so, taking into account any
factors prescribed by regulation.
(2) In deciding whether to approve the termination of a development
and any redevelopment of the development land, the Tribunal must
also consider the following:
(a) the extent to which an owner of a unit in the development is
likely to suffer adverse consequences if the termination of the
development were ordered;
(b) the extent to which an owner of a unit in the development is
likely to suffer adverse consequences if the termination of the
development were not ordered;
(c) the financial benefits and risks of the proposed termination
and, if applicable, the proposed redevelopment;
(d) whether an order of the Tribunal, or of a court, other than an
order for termination of the development, would be more
appropriate;
(e) any matter prescribed by regulation.
(3) In considering the application, the Tribunal must take into account
the views expressed by any of the following:
(a) the schemes supervisor;
(b) an affected local government council;
Part 5 Termination by Tribunal
Termination of Units Plans and Unit Title Schemes Act 2014 22
(c) the body corporate, or an owner or mortgagee of a unit in the
development or in a higher scheme in relation to the
development.
(4) The Tribunal may, subject to any requirements prescribed by
regulation, make any order it considers necessary in relation to the
termination or any redevelopment of the development land,
including the following:
(a) an order extending the time in which an application to the
Tribunal must be made, or to extend any other time limit in this
Act;
(b) an order providing for accommodation for occupiers of units;
(c) an order providing for the sale of a unit of an objecting owner;
(d) an order for the formation of a new scheme under the Unit
Title Schemes Act 2009 after redevelopment is complete;
(e) an order, on application by a person who has an interest in
property that the body corporate held immediately before the
termination, for the control or disposal of the property;
(f) an order for the termination of a tenancy, which may include
compensation of the tenant.
(5) However, the Tribunal's power under this section does not extend
to making an order relating to the consolidation or subdivision of
land otherwise than in accordance with the Planning Act 1999.
(6) An order of the Tribunal takes effect at the later of the following:
(a) if no appeal is instituted under section 18 – at the end of the
last day of the prescribed number of days applicable to
section 18(3);
(b) if an appeal is instituted within the prescribed number of days
applicable to section 18(3) but is unsuccessful – at the end of
the proceedings for the appeal.
18 Appeal to Supreme Court
(1) A party to an application may appeal to the Supreme Court against
an order of the Tribunal on the application.
(2) The appeal may be made in relation to a question of law only.
(3) The appeal must be instituted within the prescribed number of days
after the Tribunal makes its order.
Part 6 Effect of termination
Termination of Units Plans and Unit Title Schemes Act 2014 23
(4) In deciding the appeal, the Supreme Court may:
(a) confirm the Tribunal's order; or
(b) set aside the Tribunal's order and substitute another order that
the Tribunal could have made.
Part 6 Effect of termination
19 When termination takes effect
(1) For the termination of a development to take effect, section 54G of
the Land Title Act 2000 (the registration provision) must be
complied with as follows:
(a) if the termination is one to which Part 3 applies – the body
corporate must lodge the documents required under the
registration provision within 12 months after the unanimous
resolution mentioned in section 7 is passed;
(b) if the termination is one to which Part 4 applies – the
proponent must lodge the documents required under the
registration provision within 12 months after the body
corporate gives the documents to the Registrar-General under
section 12(9)(a);
(c) if the termination is one to which Part 5 applies – the body
corporate must lodge the documents within 12 months after
the order of the Tribunal ordering termination takes effect
under section 17(6).
(2) The person mentioned in subsection (1)(a), (b) or (c) may apply to
the Tribunal for an extension of the 12 months.
(3) The termination of a development takes effect when:
(a) the documents required for the termination are registered
under the registration provision; and
(b) the Registrar-General cancels the scheme statement or units
plan under the registration provision.
20 Effect of termination
(1) On the termination of a development:
(a) the body corporate is dissolved; and
Part 6 Effect of termination
Termination of Units Plans and Unit Title Schemes Act 2014 24
(b) each person who was an owner of a unit in the development
immediately before the termination (a former owner) is
entitled to a share of the property held by the body corporate
immediately before the termination in accordance with the
interest entitlements; and
(c) the liabilities of the body corporate are vested jointly and
severally in the former owners; and
(d) the liabilities for any statutory charges over the common
property are vested jointly and severally in the former owners;
and
(e) each person who was a holder of a registered interest in the
development land, other than a lessee, immediately before the
termination, continues to be the holder of the registered
interest but only in relation to the following land:
(i) the land included in all of the units in the development
immediately before the termination;
(ii) the land that was common property of the development
immediately before the termination; and
(f) the liabilities for any taxes or statutory charges accrued by a
former owner in relation to a unit continue to be vested in the
former owner.
(2) A former owner:
(a) is not liable to pay any stamp duty that would otherwise be
payable because of the operation of subsection (1); and
(b) is entitled to contributions from other former owners for the
liabilities mentioned in subsection (1)(c) or (d) in accordance
with the interest entitlements.
(3) Subsections (1) and (2) have effect subject to any requirement
prescribed by regulation.
(4) In this section:
owner, in relation to a unit:
(a) means:
(i) if the development is a scheme – the unit owner under
the Unit Title Schemes Act 2009; or
Part 7 Miscellaneous provisions
Termination of Units Plans and Unit Title Schemes Act 2014 25
(ii) otherwise – the proprietor of the unit under the Unit
Titles Act 1975; and
(b) includes a person who has a share of the ownership of the
unit as a joint tenant or tenant in common.
Part 7 Miscellaneous provisions
21 Misleading information
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the other person is the schemes supervisor or a valuer; and
(c) the person knows the information is misleading information;
and
(d) the person knows the schemes supervisor or the valuer is
acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for
12 months.
(2) A person commits an offence if:
(a) the person gives a document to another person; and
(b) the other person is the schemes supervisor or a valuer; and
(c) the person knows the document contains misleading
information; and
(d) the person knows the schemes supervisor or a valuer is acting
in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for
12 months.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the schemes
supervisor's or valuer's attention; and
Part 8 Transitional matters for Termination of Units Plans and Unit Title Schemes
Act 2014
Termination of Units Plans and Unit Title Schemes Act 2014 26
(b) to the extent to which the person can reasonably do so – gives
the schemes supervisor or valuer the information necessary to
remedy the misleading aspect of the document.
(5) In this section:
acting in an official capacity, in relation to the schemes
supervisor or a valuer, means the schemes supervisor or valuer is
exercising powers or performing functions under, or otherwise
related to the administration of, this Act.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
22 Commencing proceedings
Proceedings for an offence against this Act may be commenced
only:
(a) within 2 years after the date on which the offence is alleged to
have been committed; or
(b) with the authorisation of the Minister – at a later time within
5 years after the date on which the offence is alleged to have
been committed.
23 Regulations
(1) The Administrator may make regulations under this Act.
(2) The regulations may provide for the formula of the calculation of the
fee to be paid by the proponent under section 9(1), including the
calculation of the fee as a percentage of the estimated value of the
development land mentioned in section 9(2)(e)(vii).
Part 8 Transitional matters for Termination of Units
Plans and Unit Title Schemes Act 2014
24 Definitions
In this Part:
commencement means the commencement of this Act.
Part 8 Transitional matters for Termination of Units Plans and Unit Title Schemes
Act 2014
Termination of Units Plans and Unit Title Schemes Act 2014 27
25 Application for termination made before commencement
(1) This section applies if, before the commencement:
(a) one of the following applications had been made to the
Supreme Court:
(i) an application to cancel a units plan under section 95 of
the Unit Titles Act 1975;
(ii) an application to terminate a unit title scheme under
section 14 of the Unit Title Schemes Act 2009; and
(b) the Supreme Court had not made a final order in relation to
the application.
(2) The Supreme Court must hear and determine the application as if
this Act had not commenced.
26 Notice of termination resolution sent before commencement
(1) This section applies if, before the commencement:
(a) one of the following notices had been sent:
(i) a notice of a general meeting at which a resolution
authorising the corporation to apply for the cancellation
of the units plan is to be voted on under section 95A of
the Unit Titles Act 1975;
(ii) a notice that a resolution mentioned in section 15(a) of
the Unit Title Schemes Act 2009 to terminate a scheme
is to be voted on; and
(b) the resolution had not been voted on.
(2) The resolution is to be voted on, and if it is passed unanimously the
cancellation or termination is to be registered, as if this Act had not
commenced.
27 Termination resolution passed before commencement
(1) This section applies if, before the commencement:
(a) one of the following resolutions had been passed:
(i) a unanimous resolution authorising the corporation to
apply for the cancellation of the units plan mentioned in
section 95A of the Unit Titles Act 1975;
Part 8 Transitional matters for Termination of Units Plans and Unit Title Schemes
Act 2014
Termination of Units Plans and Unit Title Schemes Act 2014 28
(ii) a unanimous resolution mentioned in section 15(a) of the
Unit Title Schemes Act 2009 to terminate a scheme; and
(b) the cancellation or termination had not been registered.
(2) The cancellation or termination is to be registered as if this Act had
not commenced.
ENDNOTES
Termination of Units Plans and Unit Title Schemes Act 2014 29
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)
Assent date 8 December 2014
Commenced 1 January 2015 (s 2)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Agents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)
Assent date 28 March 2019
Commenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:
1 May 2019 (Gaz G18, 1 May 2019, p 4); rem:
1 September 2019 (Gaz G26, 26 June 2019, p 7 and Gaz
G30, 24 July 2019, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 12, 13, 17, 19, 20, 25,
26 and 27.
4 LIST OF AMENDMENTS
s 7 amd No. 6, 2019, s 16
s 19 amd No. 4, 2017, s 34
pt 9 hdg exp No. 48, 2014, s 48
pt 9
div 1 hdg exp No. 48, 2014, s 48
ss 28 – 30 exp No. 48, 2014, s 48
ENDNOTES
Termination of Units Plans and Unit Title Schemes Act 2014 30
pt 9
div 2 hdg exp No. 48, 2014, s 48
ss 31 – 32 exp No. 48, 2014, s 48
pt 9
div 3 hdg exp No. 48, 2014, s 48
ss 33 – 35 exp No. 48, 2014, s 48
pt 9
div 4 hdg exp No. 48, 2014, s 48
ss 36 – 43 exp No. 48, 2014, s 48
pt 9
div 5 hdg exp No. 48, 2014, s 48
ss 44 – 47 exp No. 48, 2014, s 48
pt 9
div 6 hdg exp No. 48, 2014, s 48
s 48 exp No. 48, 2014, s 48