Unit Titles Act 2001

This section applies if—

a units plan subdivides land under a declared land sublease; and

the owners corporation, as owner of an old lease of common property and on behalf of each owner of an old lease of a unit, applies, in writing, before the expiry of the old leases for the grant of a further lease of the units and common property in the units plan; and

any criteria prescribed by regulation are satisfied.

The Crown lessee must, within 30 days of receiving the application, grant, or refuse to grant, further leases for—

the same term as the old leases; or

a different term as agreed between the Crown lessee and the owners corporation of not less than 50 years.

A further lease—

must authorise each use of the leased land, and any building or structure on the land, that the old lease authorised; and

is subject to any easement benefitting or burdening the leased land to which the old lease was subject.

A further lease begins on the day after—

the day the old lease is surrendered; or

for a further lease granted on application after the expiry of the old lease—the day after the old lease expires.

If the term of a further lease granted under subsection (2) is not longer than the term of the old lease, the Crown lessee may not require the sublessee, the owners corporation or a unit owner to pay any amount for the grant of the further lease that is more than the cost of granting the further lease.

If the Crown lessee refuses to grant the further leases for which the owners corporation has applied—

the Crown lessee must give the owners corporation reasons for the refusal, in writing; and

the owners corporation may apply to the ACAT for an order requiring the Crown lessee to grant the further leases on the terms the ACAT considers appropriate.

If further leases are granted, the sublessee, owners corporation and unit owners are not liable to pay the Crown lessee for the improvements on the land or part of the land.

In this section:

improvement, in relation to land—see the Land Titles Act 1925, section 88H (6).

non-residential unit leases means leases of units and common property under a units plan that authorises non‑residential use of the units.

old leases means leases of units and common property under a units plan that subdivides land under a declared land sublease.