119Review of prior by-laws

119 Review of prior by-laws (1) A person affected by a by-law that was made before the commencement but not forwarded to the Minister under section 63 of the Interpretation Act 1978, as in force immediately before the commencement, may submit the by-law for review by the schemes supervisor.

Part 4.5 Transitional matters for Agents and Land Legislation Amendment Act 2019 Unit Title Schemes Act 2009 72 (2) On receipt of the by-law and the prescribed fee, the schemes supervisor must review the by-law in accordance with section 95B(4). (3) The schemes supervisor must, within 20 working days of receipt of the by-law: (a) certify that it complies with the criteria in section 95B(4); or (b) refuse to certify it and give the person who submitted it and the body corporate written reasons why it does not comply with those criteria. (4) If the schemes supervisor refuses to certify the by-law under subsection (3)(b): (a) the by-law may be modified to comply with the criteria and a new by-law submitted to the schemes supervisor in accordance with section 95B; or (b) the person may apply to have the decision of the schemes supervisor reviewed by the Tribunal under section 95D. (5) A by-law that the schemes supervisor has refused to certify under subsection (3)(b) is invalid if: (a) no proceedings are commenced to review the refusal by the schemes supervisor within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or (b) on review, the Tribunal confirms the refusal by the schemes supervisor and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or (c) on appeal from the Tribunal, the Supreme Court confirms the refusal by the schemes supervisor. (6) Any failure to forward a by-law made under this Act to the Minister in accordance with section 63A(1)(b) of the Interpretation Act 1978 before the commencement does not affect the validity or operation of the by-law or any action taken under it.

Part 4.6 Transitional matters for Water Legislation Amendment Act 2023 Unit Title Schemes Act 2009 73 Part 4.6 Transitional matters for Water Legislation Amendment Act 2023 120 Definition commencement means the commencement of Part 4 of the Water Legislation Amendment Act 2023.