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Unit Titles Act 2001
166Development applications to vary lease under Planning
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166 Development applications to vary lease under Planning
Act 2023
(1) An application for development approval for the variation of a unit or
common property lease may be made under the Planning Act 2023,
chapter 7 only if—
(a) all members of the owners corporation have been given notice
of the proposed application under subsection (2); and
(b) the application is authorised by unopposed resolution; and
(c) a certificate under the corporation’s seal is provided confirming
that the requirements mentioned in paragraphs (a) and (b) have
been met; and
(d) if the unit or common property lease is in a units plan that
subdivides a parcel of land under a declared land sublease—
the Crown lessee consents, in writing, to the application.
(2) The notice of general meeting including notice of the motion to
authorisation the application must set out—
(a) details of the variation sought; and
(b) the implications of the proposed variation for the unit
entitlement and property interests of the members.
(3) If an application for development approval for the variation of a unit
lease or common property lease is approved under the Planning
Act 2023, chapter 7, the territory planning authority must give each
member of the owners corporation written notice of the approval
stating the date the approval is to take effect.
Lease variations and grants of further leases Part 12
Grants of further leases Division 12.2