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Legislative Assembly for the ACT: 2001 Week 5 Hansard (3 May) . . Page.. 1402 ..
� A scheme must contain at least three Crown leases, one of which contains the common property.
� A scheme must comply with all relevant ACT and Commonwealth legislation, and the Territory Plan, before it can be approved.
� A scheme must be registered with the Registrar-General's Office, as must any variations to the scheme.
� On registration of a community title scheme, a body corporate is established to manage the common land.
The powers and functions of the body corporate, as well as the rights and responsibilities of owners, are set out in a registered management statement. A breach of the terms of the management statement gives rise to an action for breach of contract.
The Bill permits lots in a community title scheme to be developed in stages. In these cases there will be additional management requirements.
Some of the innovations that have been included in the Bill are:
� the boundaries of a scheme may be altered on registration, following unanimous agreement or a court order;
� schemes may be varied, eg. by adding or removing blocks, by unanimous agreement or a court order; and
� all administrative decisions may be appealed to the Administrative Appeals Tribunal.
This Bill has been prepared in consultation with the ACT Law Society and the Registrar-General. In addition, a discussion paper on community title was released in 1998 for public comment. At this time eleven submissions were received on the proposal.
Mr Speaker, this Bill also amends the Land Titles Act 1925, the Land (Planning and Environment) Act 1991 and the Unit Titles Act 2001 to give effect to the new community title legislation.
The Community Title Regulations 2001 are to be tabled following the passing of this Bill.
Mr Speaker, I now move that this Bill be agreed to in principle.
Debate (on motion by Mr Quinlan ) adjourned to the next sitting.
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