ACTIn ForceAct
Unit Titles Act 2001
149Boundary authority—grant
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149 Boundary authority—grant
for authority (a boundary authority) for the change of any unit or
common property boundaries, together with any consequential
amendment of the schedule of unit entitlement.
(2) The territory planning authority may grant a boundary authority if
satisfied on reasonable grounds that—
(a) the application is authorised by a unanimous resolution of the
owners corporation made within 3 months before the application
is made; and
(b) the corporation has obtained the written agreement of each
subsection (3) applies); and
Minor boundary changes Division 10.2
(c) the authorised boundary change is a minor boundary change;
and
Note A minor boundary change is a change to the boundaries of the
units or the common property that is described in s 16.
(d) if an amendment of the schedule of unit entitlement is
authorised—the amendment is necessary to reflect accurately a
change in the relative improved values of the units because of
the change of boundaries as authorised.
(3) The territory planning authority may grant a boundary authority
despite the owners corporation’s failure to obtain an interested
nonvoter’s agreement if the territory planning authority is satisfied on
(a) the corporation has made reasonable efforts to obtain the
long-term detriment because of the proposed change; or
(ii) despite that failure, it is desirable to authorise the change
having regard to the overall interests of everyone with
interests in the units and the common property.
(4) If the owners corporation applies for a boundary authority that is to
remain in force for longer than 3 months, the territory planning
authority may, in authorising the change, if satisfied that an extended
period is justified—