ACTIn ForceAct
Unit Titles Act 2001
160Cancellation authority—grant by territory planning
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160 Cancellation authority—grant by territory planning
for authority (a cancellation authority) for the cancellation of the
units plan.
(2) On application for a cancellation authority, the territory planning
authority may—
(a) grant the cancellation authority; or
(b) refuse to grant the cancellation authority.
(3) The territory planning authority may grant a cancellation authority
only if satisfied that—
(a) the application is supported by a unanimous resolution of the
corporation made within 3 months before the application is
made; and
(b) the corporation has obtained the written agreement of each
subsection (4) applies).
(4) The territory planning authority may grant a cancellation 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
Cancellation authority Division 11.1
long-term detriment because of the proposed cancellation;
or
cancellation having regard to the overall interests of
everyone with interests in the units and the common
(5) If the owners corporation applies for a cancellation authority that is
to remain in force for longer than 3 months, the territory planning
authority may, in authorising cancellation, if satisfied that an
extended period is justified—
(6) A cancellation authority must include a declaration of the provisions
that are to govern the new lease arising under section 162 if the
territory planning authority considers on reasonable grounds that it is
desirable to do so to take account of any variation of a lease of any
unit, or of the common property, made (or applied for) since the units
plan was registered.