Australian Capital Territory Numbered Acts

PLANNING AND UNIT TITLES LEGISLATION AMENDMENT ACT 2021 (NO 2) (NO. 25 OF 2021) - SECT 17

substitute

123I     Planning and land authority approval of building management statement

    (1)     A person may apply to the planning and land authority for approval of a building management statement or an amendment to a registered building management statement.

    (2)     The planning and land authority must approve the building management statement or the amendment if satisfied that—

        (a)     the statement, or the statement as amended, provides for each matter mentioned in section 123F (1); and

        (b)     the statement relates to a relevant building; and

        (c)     for an amendment or a statement that relates to an existing relevant building—

              (i)     each building lessee (not including any sublessee) consents to the application; or

              (ii)     for an amendment—it is required by an order of a court or the ACAT.

    (3)     To remove any doubt—

        (a)     subsection (2) (a) does not require the planning and land authority to consider the adequacy of any matter provided for in the building management statement or the amendment; and

        (b)     an amendment to a registered building management statement is not binding on the building lessees unless it is registered under section 123D.