Chapter 4 Administrative matters

(1) The Minister may, by writing, appoint an individual to be the unit title schemes supervisor.

(2) The Minister may, by writing, appoint an individual to act in the office of schemes supervisor:

(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or

(b) during a period or all periods when the schemes supervisor is unable to perform the functions of the office.

(3) The Minister may determine conditions of an appointment under subsection (1) or (2).

(1) The schemes supervisor has the following functions:

(a) providing educational or informative materials to the public regarding the operation of this Act and the Unit Titles Act;

(b) providing conciliation services for the resolution of disputes relating to schemes and unit titles, either directly or by engaging the services of others with the relevant expertise;

(c) any functions given to the schemes supervisor under this Act or another Act;

(d) any other function ancillary to the functions mentioned in paragraphs (a) to (c).

(2) The schemes supervisor, in performing the function mentioned in subsection (1)(a):

(a) must consult with the Real Estate Institute of Northern Territory Incorporated, the Law Society Northern Territory and any other bodies determined by the Minister; and

(b) may consult with any other body representing the interests of persons affected by the operation of this Act.

The schemes supervisor has the following powers:

(a) all the powers necessary for the performance of the functions of the schemes supervisor;

(b) any other power given to the schemes supervisor under this Act or another Act.

The schemes supervisor may, by writing, delegate to a person any of his or her functions and powers under this Act.

(1) The Minister responsible for the administration of the Agents Licensing Act 1979 may, by transfer to the appropriate Agency, use part of the moneys of the Agents Licensing Fidelity Guarantee Fund of the Northern Territory established under that Act for the purpose of meeting the operating costs of the office of schemes supervisor.

(2) The Minister mentioned in subsection (1) may, from time to time, determine the amount that is to be transferred.

(3) The Minister mentioned in subsection (1) may use the moneys of the Fund under this section only after consulting:

(a) the Agents Licensing Fidelity Guarantee Fund of the Northern Territory; and

(b) the Commissioner of Consumer Affairs, appointed under the Consumer Affairs and Fair Trading Act 1990; and

(c) any bodies that, in the opinion of the Minister, represent the interests of developers, bodies corporate and unit owners.

The Registrar-General:

(a) may approve forms for this Act; and

(b) must publish the approved forms in any way the Registrar-General considers appropriate (including, for example, on the Internet).

(1) If the Territory is the unit owner of all the units of a scheme, the relevant minister or a person appointed by the relevant minister in writing may act for the body corporate for this Act.

(2) Without limiting subsection (1), the relevant minister or person may affix the seal of the body corporate for this Act.

(3) In this section:

relevant minister means a minister acting for the Territory in relation to the units.

(1) Each unit must be rated separately for the Local Government Act 2019, Northern Territory Rates Act 1971 or Darwin Waterfront Corporation Act 2006.

(2) A body corporate must not be rated under the Local Government Act 2019 or Northern Territory Rates Act 1971.

(1) The regulations under the Registration Act 1927 may prescribe fees payable to the Registrar-General for a matter arising under this Act.

(2) Other fees may be payable as prescribed by regulation made under this Act.

(1) The Administrator may make regulations under this Act.

(2) The regulations may:

(a) apply, adopt or incorporate (with or without changes) a matter contained in another instrument as in force or existing at a particular time or from time to time; and

(b) prescribe a fine not exceeding 200 penalty units for an offence against the regulations; and

(c) provide for the enforcement of a code of conduct, including by providing that a contravention of the code is an offence against the regulations; and

(d) provide for an offence against the regulations to be an offence of strict liability.

In this Part:

building development plan, see section 4(1) of the Unit Titles Act 1975.

commencement means the commencement of section 109.

corporation, see section 4(1) of the Unit Titles Act 1975.

units plan, see section 4(1) of the Unit Titles Act 1975.

This Act applies to the following:

(a) land for which a development permit or exceptional development permit has been issued on an application covered by section 202 of the Planning Act 1999;

(b) lots that have been converted into the scheme land of a scheme under section 111;

(c) land mentioned in section 112.

(1) The corporation of a units plan or building development plan may lodge a scheme statement as prescribed by regulation.

(2) If the Registrar-General registers the scheme statement:

(a) the plan is converted into a scheme as prescribed by regulation; and

(b) the lots to which the plan relates are converted into the scheme land of the scheme as prescribed by regulation; and

(c) the scheme has effect under this Act as prescribed by regulation.

(1) This section applies to land prescribed by regulation:

(a) for which a development permit, exceptional development permit or building permit, that is prescribed by regulation, was in force immediately before the commencement; and

(b) that has not been subdivided for the Unit Titles Act 1975; and

(c) in relation to which the requirements prescribed by regulation are met.

(2) A scheme may be formed on the subdivision of the land as prescribed by regulation.

Subject to this Part, this Act does not affect any rights and obligations accrued under the Unit Titles Act 1975.

In this Part:

commencement means the commencement of section 9 of the Small Claims Act 2016.

former law means all of the following as in force immediately before the commencement:

(a) this Act;

(b) the Small Claims Act 1974 (being Act No. 67 of 1974 (as amended) repealed by section 9 of the Small Claims Act 2016);

(c) the Local Court Act 2015;

(d) the Supreme Court Act 1979.

(1) This section applies if, before the commencement:

(a) proceedings under this Act had been commenced in the Local Court or Supreme Court; and

(b) the proceedings, including any appeals that might be made, had not been finally determined.

(2) The former law continues to apply in relation to the proceedings, including any appeals, as if the Small Claims Act 2016 and the Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 had not commenced.

A reference in this Act to an order of the Tribunal made under a provision of this Act includes a reference to an order of the Local Court or Supreme Court made under that provision before the commencement.

In this Part:

by-law includes an amendment to a by-law.

commencement means the commencement of the Agents and Land Legislation Amendment Act 2019.

Subject to section 119, a by-law that was made before the commencement is taken to be valid.

(1) A person affected by a by-law that was made before the commencement but not forwarded to the Minister under section 63 of the Interpretation Act 1978, as in force immediately before the commencement, may submit the by-law for review by the schemes supervisor.

(2) On receipt of the by-law and the prescribed fee, the schemes supervisor must review the by-law in accordance with section 95B(4).

(3) The schemes supervisor must, within 20 working days of receipt of the by-law:

(a) certify that it complies with the criteria in section 95B(4); or

(b) refuse to certify it and give the person who submitted it and the body corporate written reasons why it does not comply with those criteria.

(4) If the schemes supervisor refuses to certify the by-law under subsection (3)(b):

(a) the by-law may be modified to comply with the criteria and a new by-law submitted to the schemes supervisor in accordance with section 95B; or

(b) the person may apply to have the decision of the schemes supervisor reviewed by the Tribunal under section 95D.

(5) A by-law that the schemes supervisor has refused to certify under subsection (3)(b) is invalid if:

(a) no proceedings are commenced to review the refusal by the schemes supervisor within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or

(b) on review, the Tribunal confirms the refusal by the schemes supervisor and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or

(c) on appeal from the Tribunal, the Supreme Court confirms the refusal by the schemes supervisor.

(6) Any failure to forward a by-law made under this Act to the Minister in accordance with section 63A(1)(b) of the Interpretation Act 1978 before the commencement does not affect the validity or operation of the by-law or any action taken under it.

In this Part:

commencement means the commencement of Part 4 of the Water Legislation Amendment Act 2023.

A request for registration of a scheme statement under section 54B of the Land Title Act 2000 that proposes to subdivide or consolidate land in a Restricted Water Extraction Area that was made but not determined by the Registrar-General before the commencement is subject to the restrictions of sections 14A and 14B of the Water Act 1992 and the requirements of section 14C(2) of that Act.