Unit Titles Act 2010

5 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    access lot means a separate allotment that was created or currently exists to provide access to or from a unit title development (whether alone or together with other allotments outside the unit title development) and an existing road

    accessory unit means a unit that is designed for use with any principal unit (including, without limitation, a garden, garage, car parking space, storage space, swimming pool, laundry, stairway, or passage) and that is shown on a unit plan as an accessory unit

    administrator means an administrator appointed under section 141

    agreement for sale and purchase has the meaning given to it in section 144

    appropriate decision-maker means the Tribunal or the court that, if the matter were a dispute under subpart 1 of Part 4, would have jurisdiction over that dispute in accordance with that subpart

    associate of the original owner means a person—

    • (a) who is controlled by the original owner or is subject to the original owner's direction or influence; or

    • (b) who is the original owner's agent, trustee, or representative, or acts in any way on behalf of the original owner; or

    • (c) who acts jointly or in concert with the original owner; or

    • (d) who participates in the business activities of the original owner as a consequence of any arrangement or understanding with the original owner; or

    • (e) who would come within any of paragraphs (a) to (d) if the reference to the original owner in any of those paragraphs were instead a reference to another associate of the original owner

    base land

    • (a) means the parcel of land that is subdivided into a unit title development under section 17 or 24; and

    • (b) includes an access lot, or share in an access lot, to which section 55 applies and any other land, or share in land, added to the common property under section 58 from time to time; and

    • (c) excludes any land, or share in land, sold under section 56; and

    • (d) in relation to a subsidiary unit title development, has the meaning given to it in section 19

    body corporate means a body corporate of a unit title development created under section 75 on the deposit of a unit plan

    body corporate committee means a committee established by a body corporate under section 112

    body corporate operational rules, in relation to a particular body corporate, means the rules prescribed under section 217(i) as altered under section 105(1) on the deposit of the unit plan or amended from time to time by the body corporate under section 105(2)

    building elements includes the external and internal components of any part of a building or land on a unit plan that are necessary to the structural integrity of the building, the exterior aesthetics of the building, or the health and safety of persons who occupy or use the building and including, without limitation, the roof, balconies, decks, cladding systems, foundations systems (including all horizontal slab structures between adjoining units or underneath the lowest level of the building), retaining walls, and any other walls or other features for the support of the building

    buyer has the meaning given to it in section 144

    car park means a space for parking a single motor vehicle

    chairperson means the person appointed as chairperson of the body corporate in accordance with the regulations

    chief executive means the chief executive of the department

    common property means—

    • (a) all the land and associated fixtures that are part of the unit title development but are not contained in a principal unit, accessory unit, or future development unit; and

    • (b) in the case of a subsidiary unit title development, means that part of the principal unit subdivided to create the subsidiary unit title development that is not contained in a principal unit, accessory unit, or future development unit

    complete unit plan means a plan described in section 25(3)

    computer register has the meaning given to it by section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and includes a certificate of title

    control period has the meaning given to it in section 6

    covenant means a positive covenant or a restrictive covenant within the meaning of section 4 of the Property Law Act 2007

    department, in relation to a Part or subpart of this Act, means the department of State that, with the authority of the Prime Minister, is responsible for the administration of that Part or subpart

    financial statements means the statement of financial position for the body corporate as at the end of the financial year, which must include an income and expenditure statement for the relevant period

    financial year means a period of 12 months ending on the date that is 12 months from the date the body corporate is established or any other 12-month period the body corporate may from time to time determine at its annual general meeting for the financial statements of the body corporate that are laid before it

    funds means the operating account, the long-term maintenance fund, the optional contingency fund, and the optional capital improvement fund required by subpart 13 of Part 2

    future development unit, in relation to a subdivision of land or a principal unit into units in stages, means a unit that is proposed to be developed or subdivided into 1 or more principal units (with or without accessory units or common property) at a later stage of the development, and that is shown on a stage unit plan as a future development unit

    head body corporate means the body corporate of a head unit title development

    head unit title development

    • (a) means a unit title development created by a subdivision of land where at least 1 of its principal units is subdivided to create a subsidiary unit title development; and

    • (b) in relation to a particular subsidiary unit title development, means the head unit title development of the layered unit title development of which the subsidiary unit title development is a part

    infrastructure includes pipes, wires, ducts, conduits, gutters, watercourses, cables, channels, flues, conducting, or transmission equipment necessary for the provision of water, sewerage, drainage, stormwater removal, gas, electricity, oil, shelter, protection from fire, security, rubbish collection, air, telephone connection, Internet access, radio reception, television reception, or any other services or utilities to or from a unit or to or from the common property

    land means land within the meaning of the Land Transfer Act 1952

    layered unit title development has the meaning given to it in section 19(1)

    long-term financial and maintenance planning regime, in relation to a body corporate, means the body corporate’s funds and the body corporate’s long-term maintenance plan

    long-term maintenance plan, in relation to a body corporate, means the body corporate’s plan as required to be established and maintained by section 116

    ordinary resolution means a resolution passed in accordance with section 97(4)

    original owner means the person who is entitled to exercise 100% of the votes of the body corporate for a unit title development when the plan for the unit title development is deposited

    owner, in relation to any unit,—

    • (a) means the person or persons for the time being registered as proprietor of the stratum estate in the unit under the Land Transfer Act 1952; and

    • (b) in sections 105, 124, 126, 127, and 163, includes a person in actual occupation of a unit under a binding and unconditional agreement for sale and purchase

    ownership interest and proposed ownership interest means the interest assigned to a unit in accordance with section 38

    parent body corporate means the body corporate of a parent unit title development

    parent unit title development, in relation to a particular subsidiary unit title development, means the unit title development that contains the principal unit that was subdivided to create the subsidiary unit title development

    principal unit has the meaning given to it in section 7

    proceedings means proceedings relating to a unit title dispute

    proposed accessory unit means a unit that is marked as an accessory unit in a future development unit on a stage unit plan

    proposed ownership interest means the interest assigned to a proposed principal unit or proposed accessory unit in accordance with section 38

    proposed principal unit is a unit that is marked as a principal unit in a future development unit on a stage unit plan

    proposed unit development plan means the plan described in section 25(1)

    redevelopment has the meaning given to it in section 8

    registered valuer means a registered valuer within the meaning of the Valuers Act 1948

    Registrar, in relation to any land, means the Registrar-General of Land as defined in the Land Transfer Act 1952

    regulations means regulations in force under this Act

    seller has the meaning given to it in section 144

    service contract means a contract between a body corporate and another person (the service contractor) engaging the service contractor (other than as an employee of the body corporate) for a term of at least 1 year to supply services to the body corporate or to the unit owners

    settlement date has the meaning given to it in section 144

    special resolution means a resolution passed in accordance with section 98(4)

    stage unit plan means a plan described in section 25(2)

    stand-alone unit means that no part of any building in the unit is attached in any way to any building in any other unit or to any building in the common property

    standard unit title development means a unit title development that is not part of a layered unit title development (illustrated in example 1 in Schedule 1)

    stratum estate means a stratum estate within the meaning of sections 18 and 22

    subsidiary body corporate means the body corporate of a subsidiary unit title development

    subsidiary unit title development means a unit title development that is created by a subdivision of a principal unit in another unit title development

    supplementary record sheet, in relation to any unit plan and body corporate, means the supplementary record sheet created by the Registrar under section 47 in relation to that unit plan and body corporate

    to register means to register under the Land Transfer Act 1952

    unit, in relation to any land, means a part of the land consisting of a space of any shape situated below, on, or above the surface of the land, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership

    unit plan means a plan that has been or is intended to be deposited under the Land Transfer Act 1952 in accordance with this Act, and includes—

    • (a) a proposed unit development plan:

    • (b) a stage unit plan:

    • (c) a complete unit plan:

    • (d) a unit plan amended in accordance with this Act:

    • (e) a plan that has been or is intended to be deposited in substitution for an existing unit plan

    unit title development means the individual units and the common property comprising a stratum estate

    utility interest means the interest assigned to a unit under sections 39 and 40.

    (2) In this Act,—

    • (a) a reference to a subdivision of land means a subdivision of a parcel of land under subpart 1 of Part 2 to create a unit title development and (if it is done in stages) in accordance with subpart 3 of Part 2; and

    • (b) a reference to a subdivision of a principal unit means a subdivision of a principal unit and the whole accessory unit (if any) to create a subsidiary unit title development under subpart 2 of Part 2 and (if it is done in stages) in accordance with subpart 3 of Part 2.