Land Titles (Unit Titles) Act 1970

This Act is the Land Titles (Unit Titles) Act 1970.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A term defined in the Unit Titles Act 2001 or the Unit Titles (Management) Act 2011 has the same meaning in this Act.

This Act is incorporated with the Land Titles Act, and must be read as one with that Act.

A units plan and any other document lodged with the registrar-general under this Act is an instrument affecting land for the Land Titles Act.

The following documents lodged with the registrar-general under this Act or the Unit Titles Act 2001 need not be attested by a witness (despite the Land Titles Act, section 48 (3)):

a document signed by the Minister;

an office copy of a court order;

a copy of an ACAT order.

Note 1 Fees may be determined under the Land Titles Act, s 139 for this Act.

Note 2 Forms may be approved under the Land Titles Act, s 140 for this Act.

For the Land Titles Act and this Act, a units plan is registered when the registrar-general endorses on it the date of registration and the number allotted to it.

For the Land Titles Act and this Act, a document (other than a units plan) lodged with the registrar-general under this Act is registered when a memorial relating to the document is endorsed on or annexed to—

the units plan; and

for a document relating to the cancellation or amendment of the units plan—each affected lease.

Part 2 Registration of units plans

The lessee of a parcel may make an application to the registrar‑general to register a units plan.

A units plan under subsection (1) must be—

prepared in accordance with a requirement approved by the registrar-general; and

endorsed by the territory planning authority under the Unit Titles Act 2001, section 27.

An approved requirement under subsection (2) (a) is a notifiable instrument.

The registrar-general must register a units plan on the lodgment of all of the following documents within 3 months after the day the plan is endorsed under the Unit Titles Act 2001, section 27:

an application;

the endorsed units plan prepared in accordance with section 6;

the written consent to the registration of the units plan of everyone with a registered estate or interest in the lease of the parcel;

a certificate issued by the commissioner for revenue certifying that—

no rates or other amounts assessed as payable under the Rates Act 2004 are outstanding for the financial year in which the units plan is to be registered; and

no land tax or other amounts assessed as payable under the Land Tax Act 2004 are outstanding for the quarter in which the units plan is to be registered; and

no duty or other amounts assessed as payable under the Duties Act 1999 are outstanding at the time the units plan is to be registered; and

no lease variation charges payable under the Planning Act 2023, division 10.7.3 (Variation of nominal rent leases) or deferred under a deferral arrangement are outstanding at the time the units plan is to be registered;

Note 1 The units plan may only be registered if the certification or verification requirements under the Land Titles Act 1925, s 48BA, s 48BB or s 48BC are met.

Note 2 A person may apply for a certificate of duty, land tax, rates and other charges under the Duties Act 1999, s 244, Land Tax Act 2004, s 41, Rates Act 2004, s 76 and Planning Act 2023, s 346.

if the proposed rules of the owners corporation for the units plan include any alternative rules—a document compiling the proposed alternative rules.

On the registration of the units plan, the registrar‑general must tell the applicant for registration and the territory planning authority, in writing, about the registration.

In this section:

deferral arrangement, for a lease variation charge—see the Planning Act 2023, section 343 (1) (c).

lease variation charge, for a variation of a nominal rent lease—see the Planning Act 2023, dictionary.

If, immediately before the registration of a units plan, a person was the registered proprietor of a mortgage of the lease of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of a mortgage of the lease of each unit, as if—

on the date when the memorandum creating the firstmentioned mortgage was executed, the mortgagor had been the lessee of all the units and that memorandum had been executed by the mortgagor accordingly; and

the firstmentioned mortgage had been a mortgage of all the leases of the units and not of the lease of the parcel.

If, immediately before the registration of a units plan, a person was the registered proprietor of an easement over part of the parcel, the person is taken to be, on the registration of the units plan, the registered proprietor of an easement over so much of the land comprised in the common property and each unit as was affected by the firstmentioned easement, as if—

on the date when the memorandum creating the firstmentioned easement was executed, the lessee of the parcel on that date had been the lessee of the common property and the unit or units and that memorandum had been executed by the lessee accordingly; and

the firstmentioned easement had been an easement over the common property or the unit or units and not over that part of the parcel.

On and after the registration of a units plan, a memorandum of mortgage mentioned in subsection (1), a memorandum of easement mentioned in subsection (2) and any other document relating to the lease of the parcel, or to such a mortgage or easement, are taken to be modified to the extent necessary to give effect to those subsections.

This section applies if—

a units plan is registered in relation to a parcel of land; and

immediately before the registration, an easement subsisted for the benefit of the parcel.

On and after the registration, the easement continues to subsist, as far as it is capable of doing so, for the benefit of each unit in the units plan.

Immediately after registration of a units plan, the registrar-general must—

cancel the lease of the parcel and the duplicate lease; and

for each lessee of a unit under the Unit Titles Act 2001, section 33—register the lessee under the Land Titles Act 1925 as the registered proprietor of the unit; and

register the owners corporation under the Land Titles Act 1925 as the registered proprietor of the common property; and

enter on the folio of the land titles register for each unit a memorial of any mortgage or easement to which the lease is subject under section 8; and

enter on the folio of the land titles register for the common property a memorial of any easement to which the lease is subject under section 8; and

if the units plan subdivides a parcel of land under a declared land sublease—enter on the folio of the land titles register for each unit a memorial of—

the Crown lease; and

if the Crown lessee has mortgaged the land under the Crown lease—the Crown lessee’s mortgage.

If there are 2 or more mortgages under subsection (1) (d), or 2 or more easements under subsection (1) (d) or (e), the memorials of the mortgages or easements must be entered so as to preserve their priority.

Part 3 Registration of interests declared by owners corporations

Division 3.1 Owners corporation easements

The Land Titles Act, section 103B applies to the registration of an easement declared by an owners corporation under the Unit Titles Act 2001, section 36, subject to this section.

The lodgment of the following documents is required for the registration of the easement:

a memorandum of easement in registrable form;

a certificate under the Unit Titles (Management) Act 2011, schedule 3, section 3.19 about the resolution of the corporation declaring the easement;

a document giving evidence of the consent to the resolution of the owners of the affected benefited and burdened estates.

If the certificate mentioned in subsection (2) (b) is endorsed by the owners of the affected benefited and burdened estates, there is no need to lodge a separate document evidencing consent (under subsection (2) (c)).