1Short title
This Act may be cited as the Lake Bennett (Land Title) Act 2005.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Lake Bennett (Land Title) Act 2005.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
This Act applies despite any other Act or law to the contrary.
The object of this Act is to facilitate the preparation and registration of instruments relating to lots in the Lake Bennett locality in accordance with the terms of compromise submitted by the
Territory to the registered proprietors of the lots.
In this Act, unless the contrary intention appears:
additional unit means a unit to which the development permit issued under section 21 applies.
adjoining lots means the following sections in the Hundred of Howard:
sections 92 to 97 (inclusive);
sections 99 to 110 (inclusive).
building permit means a building permit under the Building Act 1993.
commencement date means the date this Act comes into operation.
common property easement area means the part of created section 1252 shaded on the plan in Schedule 3.
complying pontoon means a pontoon the construction of which is authorised under the development provisions stated in Schedule 5.
created, for a lot, means a lot created by the Lake Bennett plan of subdivision or Lake Bennett units plan.
development area means the area that, under the development permit issued under section 21, may be further developed.
existing unit means a unit for which a certificate as to title is issued under Units Plan 97/026, other than unit 108.
Lake Bennett locality means the area of land to which the development provisions in Schedule 5 apply.
Lake Bennett lots means sections 244 and 245 in the Hundred of Howard.
Lake Bennett plan of subdivision has the meaning in section 9.
Lake Bennett units plan has the meaning in section 10.
new unit has the meaning in section 10(2)(a).
Planning Minister means the Minister administering the Planning Act 1999.
recreational easement means a registered instrument of easement stated in Schedule 1.
registration date means the date the Registrar-General complies with section 13(2).
resort owner means the owner of created section 1253.
restrictive covenant means a registered instrument of covenant stated in Schedule 2.
If an expression used in this Act is defined in the Land Title
Act 2000, Planning Act 1999, Real Property (Unit
Titles) Act 1975 or Unit Titles Act 1975, the expression has, as the context requires, the same meaning in this Act.
Part 2 Preparation and registration of instruments
(1) The Minister must prepare the instruments necessary to achieve the object of this Act.
Subsection (1) is not limited by another provision of this Part.
An instrument prepared under this Act is validly executed if signed by the Minister in the place of a person who would otherwise be required to sign it for registration.
The Lake Bennett plan of subdivision is plan of subdivision
No. S2004/153 of the Lake Bennett lots prepared for this Act.
The plan of subdivision creates sections 1252 to 1255
.
(1) The Lake Bennett units plan is the units plan of created section 1252 that is prepared for this Act and identified as such by certificate of the Registrar-General.
The units plan creates:
a lot (a new unit) for each existing unit;
a lot for the development area; and
common property.
(3) The units plan must include a schedule of unit entitlements certified by a valuer.
The Minister must prepare the following instruments of easement:
(a) an easement that benefits each of the adjoining lots and created section 1254 and burdens the common property easement area;
(b) an easement that benefits each of the adjoining lots, each of the lots in created section 1252, created section 1253 and created section 1255 and burdens created section 1254;
(c) an easement that benefits each of the adjoining lots, each of the lots in created section 1252 and created section 1254 and burdens created section 1255.
(2) The benefit and burden under the easement mentioned in subsection (1)(a) must be in the terms stated in Schedule 3.
(3) The benefit and burden under each of the other easements mentioned in subsection (1) must be in the terms stated in Schedule 4.
The Minister must prepare instruments of easement that benefit created section 1252 and burden created section 1255.
The benefit and burden under the easements must be in the terms stated in Schedule 3, Part B to the Law of Property Act 2000 for providing sewerage, water supply and electricity to created section 1252.
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