Whole Act
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This Act may be cited as the Cullen Bay Marina Act 1992.
In this Act:
building lot has the same meaning as in the Unit Titles Act 1975.
common property means so much of the development area as is from time to time vested in the Management Corporation and includes the lock and associated structures and the easements for the maintenance of, and access to, the lock and associated structures.
Developer means Darwin Marina Estates Pty. Ltd., the party to the development agreement, or its successors or assigns.
development area means Lot 5647 Town of Darwin delineated in survey plan S87/278B deposited with the Surveyor-General.
development agreement means the development agreement between the Territory and the Developer dated 26 May 1988, as amended from time to time in accordance with its terms.
lot means an area shown in the lot plan as a lot.
lot entitlement, in relation to a lot, means the number specified in the lot plan as the lot entitlement.
lot plan means the lot plan prepared in accordance with section 3.
Management Corporation means the body corporate established by section 8.
owner, in relation to a lot, means:
(a) if a lot is subdivided into units under the Unit Titles Act 1975 – the body corporate of the units plan; and
(aa) if a lot is subdivided into building lots under the Unit Titles Act 1975 – the body corporate of the building development plan; and
(ab) if a lot is subdivided into lots within the meaning of Part IVB of the Unit Titles Act 1975 – the estate management corporation; and
(ac) if a lot is subdivided to form the scheme land of a scheme under the Unit Title Schemes Act 2009 – the body corporate of the scheme; and
in all other cases – the owner in fee simple of the lot.
Tribunal means the Civil and Administrative Tribunal.
Note for section 2
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(1) The Developer shall, before lodging a survey plan for the development area with the Surveyor-General, prepare a lot plan in accordance with this section.
The lot plan shall:
(a) show the precalculated dimensions and areas of the lots into which it is proposed to subdivide the development area prepared by a surveyor licensed under the Licensed Surveyors Act 1983;
identify the common property;
specify the easements referred to in section 13A;
(d) identify the lots formerly contained in Lot 5555 Town of Darwin that are to be subject to building restrictions in favour of Lot 5556 Town of Darwin;
(e) contain a certificate issued under section 140 of the Planning Act 1999 stating the lots shown are in accordance with development permits issued under that Act;
(f) contain a schedule of lot entitlements prepared in accordance with section 5 and certified correct by the valuer who prepared it;
(g) comply with the Licensed Surveyors Act 1983 in relation to plan drawing standards;
contain such other information, if any, as is prescribed; and
(j) contain a certificate from the Surveyor-General stating that it complies with this section.
(3) The Developer is not entitled to the grant of a freehold title in respect of any land in the development area until the lot plan has been registered by the Registrar-General and the prescribed fee under the Registration Act 1927 has been paid.
A lot plan may be amended by the preparation of a further plan in accordance with section 3(2) which shall, in addition to the information required under that section, contain the written consent of all lot owners who or whose lots are directly affected by the changes proposed and, where the proposed change results from the revision of a lot entitlement as the result of a determination under section 9, shall be accompanied by the notice referred to in that section.
The Management Corporation, in pursuance of a special resolution as prescribed (or, in relation to an amendment before the first freehold title to a lot is issued, the Developer), may lodge a replacement lot plan with the Registrar-General on payment of the prescribed fee under the Registration Act 1927.
The Registrar-General shall, on receiving the replacement lot plan, amend the Register under the Land Title Act 2000.
A schedule of lot entitlements for the purposes of this Act shall be prepared by a valuer as defined in the Valuation of Land Act 1963 and shall show, in respect of each lot, a whole number that represents, as nearly as practicable, the proportion that the value of the lot bears to the aggregate value of all the lots, where the value of each lot is established by reference to its unimproved capital value at the date of the valuation.
The Registrar-General shall, at the time of registering a lot under the Land Title Act 2000, record on the Register and the certificate as to title in relation to the lot, in such manner as he or she thinks fit, the relevant lot entitlement in respect of the lot specified in the lot plan and the relevant easements and restrictive covenants.
Except as provided in subsection (3) and the Planning Act
1999, a lot (the original lot) may be further subdivided into the following (the subdivided lots):
units, building lots under the Unit Titles Act 1975, lots under Part IVB of that Act and common property under that Act;
units and common property under the Unit Title Schemes
Act 2009.
The Registrar-General must note on the certificate as to title of each subdivided lot that the lot comprising all the subdivided lots has the lot entitlement of the original lot.
A lot may be further subdivided (otherwise than under the Unit
Titles Act 1975 or Unit Title Schemes Act 2009) as prescribed in the Regulations and the relevant entitlement of each
part into which it is subdivided shall be determined as prescribed.
(1) There is established, on the issuing by the Registrar-General of the first freehold title to land in the development area, the Cullen Bay Marina Management Corporation.
The Management Corporation:
is a body corporate with perpetual succession;
shall have a common seal; and
(c) subject to this Act, is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property and of suing and being sued.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Management Corporation affixed to a document and shall assume that it was duly affixed.
(4) The members of the Management Corporation are the owners from time to time of the lots in respect of which freehold titles have issued (including the lots in each successive completed part of the development area).
(5) The Cullen Bay Marina Management Corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.
At any time in the sixth, seventh, eighth or ninth year after the first freehold title to a lot is issued to the Developer, a valuer, as defined in the Valuation of Land Act 1963, may, at the request of the Management Corporation, in pursuance of a special resolution as prescribed, for the purposes of confirming or revising the relative lot entitlement of lots, determine the unimproved capital value of each lot and, by notice in writing to the
Manage­ment Corporation, confirm or revise a unit entitlement of a lot.
A notice under subsection (1) shall include a schedule of lot entitlement prepared in accordance with section 5 and certified correct by the valuer.
The Management Corporation is not liable to rectify or maintain the common property until the Developer's obligation under the development agreement in relation to that rectification or maintenance has expired in accordance with the agreement.
Where the Management Corporation is of the opinion that the
Developer has not carried out its obligations under and in accordance with the development agreement in relation to the rectification or maintenance of the common property, it may, by notice in writing to the Minister, require the Territory to enforce the agreement in that regard and the Territory shall, accord­ingly, enforce the agreement or itself have the work carried out as provided in the agreement.
Notwithstanding any other law of the Territory, neither the
Management Corporation nor its members are liable to pay municipal rates in respect of the common property.
The Management Corporation may, in accordance with a special resolution as prescribed and on such terms and conditions as it thinks fit, lease out any part of its common property.