Unit Titles Act 2001

If the registrar-general, under the Land Titles (Unit Titles) Act 1970, section 23, enters on a units plan a memorial of the termination of the lease of a unit—

the interest of the lessee in the unit ends; and

the land that was, immediately before the endorsement, covered by the lease continues to be a unit despite the termination; and

the unit entitlement of the unit is omitted from the schedule of unit entitlement; and

the unit entitlement of each other unit is increased in proportion (so that the total unit entitlement remains unchanged).

After the termination of the lease of a unit and until a further lease of that unit is granted—

the easements given by section 35 continue, as they benefit or burden the unit; and

any easement declared under section 36 in effect at the time of termination continues, as it benefits or burdens the unit; and

all those easements are enforceable by and against the territory planning authority as if the authority were the owner of the unit; and

a person authorised in writing by the authority has the same rights to use the common property as the owner of the unit would have had if the lease had not been terminated.

Note This section does not apply to a lease surrendered under the Planning Act 2023, s 289 or a lease under a units plan that subdivides land under a declared land sublease surrendered under this Act, s 167AA (see dict, def termination).