Page 4036 - Week 13 - Thursday, 6 December 2007
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The Unit Titles Amendment Bill 2007 will allow for the registration of a new units plan with minor encroachments over an adjoining road or public place. The bill will apply to both previously approved minor encroachments—usually eaves and guttering but could also include awnings, which form part of an older units plan registered by the Registrar-General—and any newly proposed minor encroachments.
Prior to 2000, the Land Titles (Unit Titles) Act 1970 provided the legal means for dealing with minor encroachments of a units plan over adjoining roads and public places. These types of minor encroachments have existed for many years and in most cases have not involved any significant loss of public amenity or enjoyment of the land involved. However, in 2000 the Government Solicitor’s Office advised that the previous process was inconsistent with the Land Titles (Unit Titles) Act and the Land (Planning and Environment) Act 1991 and that it should no longer be used.
There are an increasing number of older units plans previously approved and registered with minor encroachments that are now subject to redevelopment, requiring the registration of a new units plan which shows encroachments. Under the current legislation, the new units plan cannot show any encroachments; otherwise it cannot be approved by the ACT Planning and Land Authority or registered by the Registrar-General, unless the encroachments are removed. Such actions, in most cases, are not practical.
The proposed amendments do not involve the approval of pre-2000 units plans with encroachments, as these are already approved. The amendments allow ACTPLA to approve new units plans with minor encroachments which result from the redevelopment of land comprised in a pre-2000 approved units plan with minor encroachments. The amendments allow for proposed units plans with minor encroachments to now be legally registered. As part of this process, provisions in the crown lease will cover issues such as licensing the encroachment and of indemnity/insurance to ensure that the territory is not open to risk.
This adopts the process that was in effect prior to 2000 but, rather than using an administrative process, the bill amends the legislation as the basis for approval of such encroachments. The current process to deal with encroachments is to grant a stratum lease, which involves agreement to a direct grant, as well as the payment of application fees for the direct grant and lodgement of a development application and payment of fees.
The ACT’s legislation would be in line with that of New South Wales, where similar legislation is working successfully. The process will include the requirement to show all encroachments on the surveyor’s certificate, a provision for ACTPLA to provide approval for encroachments and a requirement that the Registrar-General not register a units plan unless any encroachment has been approved by ACTPLA. I commend the Unit Titles Amendment Bill to the Assembly.
Debate (on motion by Mr Seselja) adjourned to the next sitting.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .