NORTHERN TERRITORY OF AUSTRALIA
UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL
MATTERS) REGULATIONS 2009
As in force at 23 October 2019
TABLE OF PROVISIONS
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
Part 2 Key elements of scheme
3 Changes to scheme statement ........................................................ 1
4 Requirements about scheme statement .......................................... 2
5 Obligation of seller – disclosure statement information ................... 4
Part 3 Scheme administration
6 Approval and registration of modified management module ............ 5
6AA Fee to review by-law ........................................................................ 6
Part 4 Transitional matters
Division 1 Conversion of units plan or building
development plan into scheme
6A Lodgement of scheme statement by corporation ............................. 6
6B Content of scheme statement .......................................................... 7
6C Effect of registration of scheme statement ...................................... 8
Division 2 Formation of scheme from pre-
commencement development
7 Prescribed land................................................................................ 9
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 October 2019
UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL
MATTERS) REGULATIONS 2009
Regulations under the Unit Title Schemes Act 2009
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Unit Title Schemes
(General Provisions and Transitional Matters) Regulations 2009.
2 Commencement
These Regulations commence on the commencement of
section 108 of the Unit Title Schemes Act 2009.
Part 2 Key elements of scheme
3 Changes to scheme statement
(1) For section 12(2) of the Act, a scheme statement may be changed
otherwise than by a subsequent scheme statement if:
(a) the change relates to information mentioned in section 18(1)(f)
of the Act and regulation 4(3) because the scheme becomes a
higher scheme when all or part of the scheme land comprising
one of its units is subdivided to form the scheme land of a new
scheme; and
(b) the Registrar-General, on the application of a person
responsible for preparing a scheme statement under
section 20 of the Act:
(i) endorses the change; and
(ii) records the change in the land register as defined in
section 4 of the Land Title Act 2000.
Part 2 Key elements of scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 2
(2) On the endorsement and recording of the change, the scheme
statement has effect as if the change had been made with effect
from the time of the endorsement.
4 Requirements about scheme statement
(1) For section 18(1)(e) of the Act, a scheme statement for a scheme
intended to be developed progressively must contain the following
information:
(a) if the developer proposes to implement a stage of the
development in accordance with a schedule of
commencement and completion dates – that schedule;
(b) if the developer proposes to create additional units and
common property in implementing a stage of the development
(including units and common property of another scheme):
(i) a description of the proposed units and common
property; and
(ii) the proposed entitlement schedules for the units;
(c) if the developer proposes to carry out construction works for a
stage of the development:
(i) a location plan for the proposed stage; and
(ii) a description of the uses that can be made of the
construction zones and access zones shown in the plan;
and
(iii) a schedule of working hours for the construction works;
(d) if the developer proposes to use all or a part of the scheme
land for particular purposes for a stage of the development – a
description of those purposes;
(e) if the developer proposes to sell a unit as ready for occupation
for a proposed stage of the development – a schedule of
materials and finishes for the unit;
(f) if the developer proposes to create special rights or limitations
over common property or body corporate assets for a stage of
the development – a statement of the rights or limitations;
Section 1 - UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL MATTERS) REGULATIONS 2009 - UNIT TITLE SCHEMES (GENERAL PROVISIONS AND TRANSITIONAL MATTERS) REGULATIONS 2009 | Zoe
Part 2 Key elements of scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 3
(g) if any of paragraphs (a) to (f) applies – any other information
reasonably required to examine the scheme statement to
ascertain:
(i) the overall nature of the facilities proposed for the
development; and
(ii) the rights and obligations of the body corporate and unit
owners during and after the completion of the
development;
(h) if none of paragraphs (a) to (f) applies:
(i) a statement specifying broad concepts in relation to the
development; and
(ii) a statement that the developer has no specific proposal
in relation to implementing a stage of the development.
(2) To avoid doubt, a developer may propose to do a thing as
mentioned in subregulation (1)(a) to (f) without entering into a
binding agreement in relation to that thing.
(3) For section 18(1)(f) of the Act, a scheme statement for a higher
scheme or subsidiary scheme must identify each of the scheme's
higher schemes and subsidiary schemes.
(4) For section 18(3)(c)(i) of the Act, the endorsement of the consent
authority relates to the following matters:
(a) the matters mentioned in section 18(1)(a) to (c) and (e) to (f)
of the Act;
(b) any exclusive use by-laws of the scheme.
(5) In this regulation:
location plan, for a stage of a development, means a plan
showing:
(a) the construction zones, access zones, roads and common
property relating to the stage; and
(b) the dimensions and areas of the proposed units relating to the
stage as worked out by a licensed surveyor.
Part 2 Key elements of scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 4
5 Obligation of seller – disclosure statement information
(1) For section 45(2)(b) of the Act, the disclosure statement must
contain the following information:
(a) if the developer has entered into an arrangement to engage a
body corporate manager or service contractor:
(i) the name of the body corporate manager or service
contractor; and
(ii) the nature of the arrangement; and
(iii) the period the arrangement is to be in force; and
(iv) the rights and obligations of the body corporate manager
or service contractor; and
(v) details about any service fees payable to the body
corporate manager or service contractor under the
arrangement;
(b) if the developer proposes to enter into an arrangement to
engage a body corporate manager or service contractor – any
proposal relating to the matters mentioned in paragraph (a).
(2) For section 45(2)(c) of the Act, the disclosure statement must
contain the following information:
(a) if the developer has authorised a person to be a letting agent:
(i) the name of the letting agent; and
(ii) the period the authorisation is to be in force; and
(iii) the rights and obligations of the letting agent; and
(iv) details about any service fees payable to the letting
agent;
(b) if the developer proposes to authorise a person to be a letting
agent – any proposal relating to the matters mentioned in
paragraph (a).
(3) For section 45(2)(d) of the Act, the disclosure statement must
contain the following information:
(a) a complete list of the existing body corporate assets and any
proposed body corporate assets;
(b) any limitation or proposed limitation on the use of the assets.
Part 3 Scheme administration
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 5
(4) For section 45(2)(h) of the Act, if the management module of the
scheme provides for a method of adjudicating disputes arising from
the disclosure statement, the statement must specify the method.
Part 3 Scheme administration
6 Approval and registration of modified management module
(1) The scheme supervisor may:
(a) on the application of a person intending to register the first
scheme statement of a scheme – approve changes to the
management module that would otherwise apply to the
scheme (the applying module); and
(b) on the application of the body corporate of a scheme –
approve changes to the management module currently
applying to the scheme (the applying module).
Note for subregulation (1)
The Unit Title Schemes (Management Modules) Regulations 2009 prescribe
management modules that apply to various schemes.
(2) The application must be made in the approved form.
(3) Without limiting what may be required by the approved form, the
application must be accompanied by the following:
(a) a document setting out the changes;
(b) a document setting out the applying module incorporating the
changes.
(4) The fee payable for the application is 120 revenue units.
(5) The scheme supervisor may approve changes to the applying
module only if satisfied the applying module incorporating the
changes (the modified module):
(a) adequately deals with all the matters covered by the applying
module; and
(b) is fair and equitable.
(6) The scheme supervisor must tell the Registrar-General about the
approval.
Part 4 Transitional matters
Division 1 Conversion of units plan or building development plan into scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 6
(7) The modified module applies to the scheme only if:
(a) the modified module is registered under subregulation (8); and
(b) if subregulation (1)(a) applies to the approval – the registration
is made before or when the first scheme statement of the
scheme is registered.
(8) The Registrar-General must, on the application of a person who
has been given approval for a modified module under
subregulation (1), register the modified module.
(9) However, the Registrar-General must not do so if:
(a) subregulation (1)(a) applies to the approval; and
(b) the first scheme statement of the scheme has been registered.
(10) The Registrar-General may register a modified module in a way
decided by the Registrar-General.
6AA Fee to review by-law
For sections 95B and 119 of the Act, the fee for the review of a
by-law by the schemes supervisor is 115 revenue units.
Part 4 Transitional matters
Division 1 Conversion of units plan or building development
plan into scheme
6A Lodgement of scheme statement by corporation
(1) For section 111(1) of the Act, a corporation of a units plan or
building development plan may lodge a scheme statement if the
following requirements are met:
(a) it is authorised to do so by unanimous resolution of its
members;
(b) if it is a corporation of a units plan for an estate development
or of a building development plan – each corporation
(connected corporation) connected to that plan
simultaneously lodges a scheme statement for the conversion
of the units plan or building development plan in relation to
which the connected corporation was constituted;
Part 4 Transitional matters
Division 1 Conversion of units plan or building development plan into scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 7
(c) if it is a corporation connected to a units plan for an estate
development or to a building development plan (each a
relevant plan) – each of the following corporations (each a
group corporation) simultaneously lodges a scheme
statement for the conversion of the units plan or building
development plan in relation to which the group corporation
was constituted:
(i) the corporation of the relevant plan;
(ii) each other corporation connected to the relevant plan.
(2) For subregulation (1):
(a) a corporation is connected to a units plan for an estate
development if the corporation was constituted because of a
subdivision of a part of the parcel to which the units plan
relates; and
(b) a corporation is connected to a building development plan if
the corporation was constituted because of a subdivision of a
part of the parcel to which the building development plan
relates.
(3) For section 20(1)(f) of the Act, the corporation of a units plan or
building development plan is responsible for preparing the scheme
statement for the conversion of the units plan or building
development plan.
(4) In this regulation:
unanimous resolution, see section 7(4) of the Unit Titles
Act 2009.
6B Content of scheme statement
(1) A scheme statement lodged by the corporation of a units plan or
building development plan must:
(a) comply with the requirements of the Act, other than the
requirements mentioned in section 18(1)(a) and (3)(b) and (c)
of the Act; and
(b) contain a description of the scheme land by reference to a
plan of subdivision that shows the units and common property
of the scheme; and
Part 4 Transitional matters
Division 1 Conversion of units plan or building development plan into scheme
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 8
(c) be accompanied by:
(i) the plan of subdivision mentioned in paragraph (b); and
(ii) a certificate given by a licensed surveyor certifying that
the boundaries of the units, or building lots, and common
property shown in the units plan or building development
plan are as shown in the plan of subdivision.
(2) For section 18(1)(d) of the Act, the contribution entitlement and
interest entitlement of a unit as specified in the entitlement
schedules must be:
(a) the same as the unit entitlement under the Unit Titles Act 2009
for the corresponding unit in the units plan or building lot in the
building development plan; or
(b) if a different contribution entitlement or interest entitlement has
been approved by unanimous resolution of the members of
the corporation – the approved entitlement.
(3) In this regulation:
unanimous resolution, see section 7(4) of the Unit Titles
Act 2009.
6C Effect of registration of scheme statement
For section 111(2) of the Act, if the Registrar-General registers a
scheme statement lodged by the corporation of a units plan or
building development plan:
(a) the corporation has effect as the body corporate of the
scheme; and
(b) each unit to which the units plan, or building lot to which the
building development plan, relates (the original unit) has
effect as a unit of the scheme (the converted unit); and
(c) each right or interest in the original unit existing immediately
before the registration has effect as a right or interest in the
converted unit; and
(d) the common property to which the units plan or building
development plan relates has effect as the common property
of the scheme; and
(e) the body corporate becomes the owner of the common
property of the scheme; and
Part 4 Transitional matters
Division 2 Formation of scheme from pre-commencement development
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 9
(f) each right or interest in the common property existing
immediately before the registration has effect as a right or
interest in the common property of the scheme.
Division 2 Formation of scheme from pre-commencement
development
7 Prescribed land
Section 112 of the Act applies to the land:
(a) for which development permit number 05/0547 is in force
immediately before the commencement of Chapter 4, Part 4.3
of the Act; and
(b) in relation to which the following requirements are met:
(i) the developer lodges a scheme statement complying
with section 18 of the Act;
(ii) the consent authority decides that the proposed units
and common property are suitable for separate titles.
ENDNOTES
Unit Title Schemes (General Provisions and Transitional Matters) Regulations 2009 10
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
Unit Title Schemes (General Provisions and Transitional Matters) Regulations (SL
No. 18, 2009)
Notified 26 June 2009
Commenced 1 July 2009 (r 2, s 2 Unit Titles Schemes Act 2009 (Act
No. 14, 2009) and Gaz S30, 26 June 2009)
Unit Title Schemes and Related Legislation Amendment Regulations 2011 (SL No. 14,
2011)
Notified 18 May 2011
Commenced 18 May 2011
Unit Titles and Unit Title Schemes Legislation Amendment Regulations 2019 (SL No.
26, 2019)
Notified 23 October 2019
Commenced 23 October 2019
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: rr 1, 3, 6, 6A and 6B.
4 LIST OF AMENDMENTS
r 6AA ins No. 26, 2019, r 4
pt 4
div 1 hdg ins No. 14, 2011, r 3
rr 6A – 6C ins No. 14, 2011, r 3
pt 4
div 2 hdg ins No. 14, 2011, r 4
r 7 amd No. 14, 2011, r 5