Community Titles Act 2018

The proponent of a termination proposal can make an application for termination of a community titles scheme if —

the relevant approvals have been obtained as set out in section 151; and

the steps required to be taken before termination of the scheme for winding up the community corporation under the termination proposal or an order under section 152 have been taken.

The application must be made within 12 months after the termination resolution has been passed or, if the proposal can only proceed if the Tribunal confirms the termination resolution, after the Tribunal has made an order under section 150 confirming the termination resolution.

If the tier 1 scheme is not to be terminated, an application must also be made under Part 5 Division 1 for registration of 1 or more community titles schemes or the amendment of 1 or more community titles schemes as necessary in the circumstances.

However, it is not necessary to make an application for registration of an amendment of a tier 2 scheme as a consequence of the termination of 1 or more related tier 3 schemes if the tier 2 scheme is, itself, also to be terminated.

An application for termination of a community titles scheme must —

be made to the Registrar of Titles; and

be in the approved form; and

be accompanied by evidence in the approved form that the requirements of this Act for the termination of the scheme have been complied with; and

be accompanied, for any land that is to cease being subdivided by a community scheme, by any diagrams or plans of survey endorsed with the approval of the Planning Commission under the Planning and Development Act 2005; and

be accompanied, if applicable, by —

a statement (in the approved form) of how each item registered or recorded for the scheme in the Register is to be dealt with; and

disposition statements, instruments or documents necessary for that purpose;

be accompanied by the fee fixed by the regulations.