Community Titles Act 2018

If all the lots in a community scheme are owned by the same person, that person can make an application for termination of each community titles scheme in the community scheme if —

a plan of subdivision for the termination of the scheme has been approved (that is, for the parcel to cease being subdivided by a community scheme); and

a diagram or plan of survey has been endorsed with that approval.

An application for the required approvals must be made under the Planning and Development Act 2005 Part 10 as an application for approval to subdivide land under that Act.

The Planning and Development Act 2005 applies to the required approval subject to —

the modification that a reference to subdivision is to be read as including a reference to termination of a community scheme; and

any other appropriate modifications.

If an application for termination of a community scheme is made under this section, sections 152, 153(5), 154 and 155 apply and any reference to “this Division” in those sections is to be read as if it were a reference to this section.

The regulations may modify the application of Division 1 if all the lots in a community titles scheme proposed to be terminated (but not all of the lots in the community scheme) are owned by the same person.