Framework for New Tenure Legislation Consultation Paper
Submission Form


Invitation to Make Submission

You are invited to complete the following submission form. The form has five numbered parts. Please complete Part 1 and as much of the other parts as possible. All views are important. The form should take no more than 20 minutes to complete and can be submitted up to and including Friday 15th May 2009.

1. Information about Person/Organisation Making Submission

This information will assist in analysing and responding to the submissions received. Your personal details will be kept confidential and no views will be attributed to you or the organisation you represent in any published document without your agreement.

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2. Tenure Legislation: Industry and Community Needs

This consultation paper identifies a need for new tenure legislation that is integrated, well structured, written in plain English, limited to tenure creation matters, standardises processes and requirements and provides greater flexibility.

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3. Framework for New Tenure Legislation:Existing Principles

The consultation paper (p.9) lists existing principles that should be retained in the proposed new tenure legislation.

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4. Framework for New Tenure Legislation: New Principles

Principle 1 proposes a single Act ("tenure Act") for the creation of tenure and identifies three implementation options: (1) a stand alone Act; (2) incorporating the tenure provisions in the Transfer of Land Act 1893; or (3) creating a community titles Act and leaving the title creating provisions in the TLA.

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Principle 2 proposes that the tenure Act provide for the extension of community developement schemes to all types of land developments including freehold subdivisions and leasehold strata.
Yes No

Principle 3 proposes that the tenure Act should provide for one or more management bodies to be established within a community development scheme and identifies two implementation options: (1) provide for the establishment of limited and unlimited management bodies (Victorian model); or (2) provide for the establishment of management bodies within 'layered" community development schemes (Queensland model)
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Principle 4 proposes that the tenure Act should provide for the staging of community development schemes.
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Principle 5 proposes that the tenure Act should provide for a management statement to be lodged for each community developement scheme.
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Principle 6 proposes that the tenure Act should provide for management statements to adopt management rules appropriate to the nature of the community development scheme.
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Principle 7 proposes that the tenure Act should provide that community developement schemes established under the new Act may be terminated on the vote of less than 100% of affected owners and identifies two implementation options:(1) a resolution without dissent; or (2) a required percentage of owners to support.
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Principle 8 proposes a separate Act to regulate the management of community development schemes. As at present, this would include the regulation of community management bodies, councils of community management bodies, insurance, rates and taxes, dispute resolution and other current miscellaneous matters.
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Principle 9 proposes one form of plan to create tenure
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Principle 10 proposes that only interests that can be spatially depicted over part of a lot or part of the land within a plan, are recorded on the plan.
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Principle 11 proposes that the tenure Act should provide for exisiting strata and survey-strata schemes to be brought under the operation of the Act and identifies two implementation options: (1)provide in tenure Act for existing schemes to be brought under tenure Act; or (2)let owners decide whether to bring existing schemes under tenure Act.
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5. Other Comments.

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Submission Report and Further Consultation

If you would like to receive a copy of any submission report or to be contacted in the event of further consultation, please indicate in the places provided below.
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