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Unit Titles Act 2001
30Amendment of development statements after registration
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30 Amendment of development statements after registration
(1) After a units plan that is subject to a staged development has been
registered, and before the development is completed, the lessee of the
parcel immediately before registration may apply to the territory
planning authority for the amendment of the development statement.
(2) If the amendment of the development statement only affects an
uncompleted stage of a staged development, the territory planning
authority may amend the development statement as applied for if
satisfied on reasonable grounds that—
(a) the applicant has obtained the written agreement to the
amendment of each person with an interest in a unit in that part
of the parcel comprising the uncompleted stages of the
development (except any interested person to whom
subsection (3) applies); and
(b) any change of unit or common property boundaries provided for
by the amendment is a minor boundary change within the
uncompleted stages of the development.
(3) The territory planning authority may amend the development
statement under subsection (2) despite the applicant’s failure to obtain
an interested person’s agreement if the authority is satisfied on
(a) the applicant could not reasonably be aware of that interest, or
has made reasonable efforts to obtain the agreement; and
(i) the interested person would not suffer any substantial
or
everyone with interests in that part of the parcel comprising
the uncompleted stages of the development.
(4) If subsection (2) does not apply, the territory planning authority may
amend the development statement as applied for if satisfied on
(a) the application is authorised by a special resolution of the
owners corporation made within 3 months before the day the
application is given to the authority; and
(b) the applicant has obtained the written agreement of each
subsection (5) applies); and
(c) any change of unit or common property boundaries provided for
by the amendment is a minor boundary change.
(5) The territory planning authority may amend the development
statement under subsection (4) despite the applicant’s failure to obtain
an interested nonvoter’s agreement if the authority is satisfied on
(a) the applicant has made reasonable efforts to obtain the
or
everyone with interests in the units and the common
(6) The territory planning authority may refuse to amend the
development statement if, in the authority’s opinion based on
reasonable grounds, the amendment would result in the development
having a significantly adverse effect on anyone’s amenity while it is
taking place.
(7) The territory planning authority may authorise the amendment of the
schedule of unit entitlement to reflect a change of boundaries if—
(a) the amendment of the development statement requires the
change of boundaries; and
(b) the authority is satisfied, on reasonable grounds, that the
amendment is necessary to reflect accurately a change in the
relative improved values of the units.
(8) If the territory planning authority authorises the amendment of the
schedule of unit entitlement under this section—
(a) the authority must—
(i) endorse the amended schedule of unit entitlement; and
(ii) give a notice of authorisation to the lessee; and
(b) the lessee must lodge with the registrar-general—
(i) the endorsed amended schedule of unit entitlement; and
(ii) the notice of authorisation.
(9) If the territory planning authority amends the development statement
under this section—
(a) the authority must endorse the amended development statement;
and
(b) the lessee must lodge with the registrar-general the endorsed
amended development statement.