Unit Title Schemes Act 2009
59Reinstatement with Tribunal approval
Start here
Get a plain-English read of 59
Turn the raw legal text into a practical explanation grounded in Unit Title Schemes Act 2009.
59 Reinstatement with Tribunal approval (1) Any of the following may apply to the Tribunal for the approval of a reinstatement process for damaged scheme land: (a) the body corporate of a scheme, or of a subsidiary scheme, whose scheme land is or includes the damaged scheme land; (b) a unit owner or mortgagee of any of the schemes mentioned in paragraph (a). (2) The application must specify the reinstatement process in the approved form. (3) The following are the respondents for the application: (a) each insurer of the scheme land; (b) the body corporate of each of the schemes. (4) The Tribunal must: (a) approve the application by: (i) approving the specified reinstatement process; or (ii) approving the specified reinstatement process with changes made by the Tribunal; or (b) refuse the application.
Unit Title Schemes Act 2009 34 (5) In approving the reinstatement process, the Tribunal may make any order reasonably required for its effective implementation, including, for example, an order for: (a) the application of an amount paid under a body corporate policy; or (b) the payment of an amount to a body corporate, unit owner or mortgagee; or (c) the lodging of a subsequent scheme statement to reflect the reinstatement. (6) If the Tribunal orders the lodging of a subsequent scheme statement, the body corporate must comply with the order.