New South Wales act

Community Land Development Act 2021

In ForceNSW

Jurisdiction

New South Wales

Act Number

6 of 2021

Collection

act

Plain English Summary

8/10 complexity

The Act creates a register‑based regime for multi‑lot developments (community, precinct, neighbourhood schemes): registering a plan forms an association that holds shared property, statutory easements for services, and binds lot owners by management statements and development contracts. It gives developers specific governance powers to complete staged works, imposes detailed documentary/valuation requirements on developers and associations, and affects owners, service providers, registrars and courts by embedding enforceable title‑based obligations and procedures.

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What it does

The Community Land Development Act 2021 establishes a comprehensive statutory framework for the subdivision of land in New South Wales into layered community title schemes. At its core, the Act permits the creation of community schemes, precinct schemes and neighbourhood schemes that combine individual lots with collectively owned association property (s 3). A community scheme is established under s 8(1) by registering a community plan that subdivides land (not already part of another scheme parcel) into two or more community development lots and one lot of community property. Registration simultaneously constitutes a community association as a corporation (s 8(2)), whose members include owners of development lots and any subsidiary associations (s 8(3)).

Precinct schemes operate as a mid-tier layer within a community scheme. Under s 9(1), a precinct plan subdivides a community development lot into precinct development lots and precinct property, creating a precinct association. Neighbourhood schemes can sit at the base level within either a community or precinct scheme, or stand alone (s 10). Each scheme must be accompanied by a management statement compliant with Schedule 2 and may include a development contract under Part 7.

The Act defines key concepts with precision. Section 5 describes a community scheme as encompassing the initial subdivision, any further subdivisions by precinct, neighbourhood or strata plans, the proposals in any related development contract, and the rights and obligations arising under this Act, the Community Land Management Act 2021, and the two strata schemes Acts. Parallel definitions appear for precinct schemes (s 6) and neighbourhood schemes (s 7). Land remains contiguous for these purposes even if divided by roads, railways or natural features (s 4(3)).

Association property vests in the relevant association upon registration and is held as agent for the lot owners as tenants in common in proportion to unit entitlement (ss 21-22). Dealings with association property are strictly regulated (s 23) and may only occur in accordance with this Act and the Community Land Management Act 2021. The Act provides mechanisms for subdivision and consolidation of lots (ss 14-17), minor boundary adjustments (s 18), severance of development lots (s 19), conversion of lots to association property (s 24), and acquisition of additional association property by transfer or lease (ss 25-26).

Current sections

Direct links to the current provisions in Community Land Development Act 2021.

140

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Community Land Development Act 2021.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Object of Act

3 Object of Act

The object of this Act is to facilitate the subdivision of land into parcels for separate development or disposition—

(a) with a common or shared property interest in associated land, and

(b) in conjunction with the development of another parcel or parcels.

Interpretation

4 Interpretation

(1) The Dictionary to this Act defines certain terms used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) This Act is to be interpreted as part of the Real Property Act 1900 but, if there is an inconsistency between them, this Act prevails.

(3) For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by a natural feature, railway, public road, public reserve or drainage reserve.

(4) A reference in this Act to any of the following approvals, contracts or statements includes a reference to the approval, contract or statement as modified or amended from time to time in accordance with this or any other Act—

(a) a planning approval,

(b) a development contract,

(c) a community management statement,

(d) a precinct management statement,

(e) a neighbourhood management statement.

(5) Notes included in this Act do not form part of this Act.

Meaning of “community scheme”

5 Meaning of “community scheme”

In this Act, community scheme means—

(a) the subdivision of land by a community plan, and

(b) the subdivision of land in the community plan by a precinct plan, and

(c) the subdivision of land in the community plan or precinct plan by a neighbourhood plan or strata plan, and

(d) the proposals in any related development contract, and

(e) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 2021, Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 in relation to the following—

(i) the community association,

(ii) the community property,

(iii) subsidiary schemes,

(iv) persons having interests in, or occupying, development lots and lots in subsidiary schemes.

Meaning of “precinct scheme”

6 Meaning of “precinct scheme”

In this Act, precinct scheme means—

(a) the subdivision of land by a precinct plan, and

(b) the subdivision of land in the precinct plan by a neighbourhood plan or strata plan, and

(c) the proposals in any related development contract, and

(d) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 2021, Strata Schemes Development Act 2015 and Strata Schemes Management Act 2015 in relation to the following—

(i) the precinct association,

(ii) the precinct property,

(iii) subsidiary schemes,

(iv) persons having interests in, or occupying, development lots and lots in subsidiary schemes.

Meaning of “neighbourhood scheme”

7 Meaning of “neighbourhood scheme”

In this Act, neighbourhood scheme means—

(a) the subdivision of land by a neighbourhood plan, and

(b) the proposals in any related development contract, and

(c) the rights conferred, and the obligations imposed, by or under this Act and the Community Land Management Act 2021 in relation to the following—

(i) the neighbourhood association,

(ii) the neighbourhood property,

(iii) persons having interests in, or occupying, the neighbourhood lots.

Part 2

Establishment of schemes

Part 2 Establishment of schemes

Establishment of community scheme

8 Establishment of community scheme

(1) A community scheme is established by the registration of a plan for the subdivision of land—

(a) that is not part of a community parcel, precinct parcel, neighbourhood parcel or strata parcel, and

(b) into 2 or more community development lots and 1 other lot that is community property, whether or not the plan includes land that, on registration of the plan, will be dedicated as a public road, public reserve or drainage reserve.

(2) The registration of a community plan constitutes a corporation with the corporate name “Community Association DP No ”, where the number to be inserted is the number of the plan registered as the community plan.

(3) The members of the corporation are as follows—

(a) the owner of each community development lot in the community parcel that has not become subject to a subsidiary scheme,

(b) the precinct association constituted if a community development lot in the community parcel becomes subject to a precinct scheme,

(c) the neighbourhood association constituted if a community development lot in the community parcel becomes subject to a neighbourhood scheme,

(d) the strata corporation constituted if a community development lot in the community parcel becomes subject to a strata scheme.

(4) In this Act—

community association means a corporation constituted by the registration of a community plan.

community plan means a plan referred to in subsection (1).

Establishment of precinct scheme

9 Establishment of precinct scheme

(1) A precinct scheme is established by the registration of a plan for the subdivision of land—

(a) that is a community development lot, and

(b) into 2 or more precinct development lots and 1 other lot that is precinct property, whether or not the plan includes land that, on registration of the plan, will be dedicated as a public road, public reserve or drainage reserve.

(2) The registration of a precinct plan constitutes a corporation with the corporate name “Precinct Association DP No ”, where the number to be inserted is the number of the plan registered as the precinct plan.

(3) The members of the corporation are as follows—

(a) the owner of each precinct development lot in the precinct parcel that has not become subject to a subsidiary scheme,

(b) the neighbourhood association constituted if a precinct development lot in the precinct parcel becomes subject to a neighbourhood scheme,

(c) the strata corporation constituted if a precinct development lot in the precinct parcel becomes subject to a strata scheme.

(4) In this Act—

precinct association means a corporation constituted by the registration of a precinct plan.

precinct plan means a plan referred to in subsection (1).

Establishment of neighbourhood scheme

10 Establishment of neighbourhood scheme

(1) A neighbourhood scheme that is part of a community scheme or precinct scheme is established by the registration of a plan for the subdivision of land—

(a) that is a development lot, and

(b) into 2 or more neighbourhood lots and 1 other lot that is neighbourhood property, whether or not the plan includes land that, on registration of the plan, will be dedicated as a public road, public reserve or drainage reserve.

(2) A neighbourhood scheme that is not part of a community scheme or precinct scheme is established by the registration of a plan for the subdivision of land—

(a) that is not part of a community parcel, precinct parcel, neighbourhood parcel or strata parcel, and

(b) into 2 or more neighbourhood lots and 1 other lot that is neighbourhood property, whether or not the plan includes land that, on registration of the plan, will be dedicated as a public road, public reserve or drainage reserve.

(3) The registration of a neighbourhood plan constitutes a corporation with the corporate name “Neighbourhood Association DP No ”, where the number to be inserted is the number of the plan registered as the neighbourhood plan.

(4) The members of the corporation are the owners of the neighbourhood lots in the neighbourhood parcel.

(5) In this Act—

neighbourhood association means a corporation constituted by the registration of a neighbourhood plan.

neighbourhood plan means a plan referred to in subsection (1) or (2).

Exclusion of corporations law

11 Exclusion of corporations law

A community association, precinct association or neighbourhood association is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation.

Note—

That section permits a State to exclude a matter from the application of all or part of the Corporations legislation.

Requirements for scheme plans

12 Requirements for scheme plans

(1) A scheme plan—

(a) must comply with Schedule 1, and

(b) must include—

(i) a location plan, and

(ii) a detail plan, and

(iii) an association property plan, and

(c) must be accompanied by—

(i) a management statement for the scheme that complies with Schedule 2, and

(ii) any documents prescribed by the regulations, and

(d) may be accompanied by a development contract for the scheme that complies with Part 7.

(2) The administration sheet for a scheme plan must include—

(a) a schedule of unit entitlement that complies with Schedule 3, and

(b) the address at which documents may be served on the association constituted on registration of the plan.

(3) On the registration of a scheme plan, the Registrar-General is to make—

(a) a recording identifying the relevant association property in the folio for each development lot or neighbourhood lot, and

(b) the recordings required by subsection (4) in the folio for the association property.

(4) The following recordings are to be made in the folio for association property—

(a) the name of the relevant association,

(b) the latest address of which the Registrar-General has been notified for the service of notices on the association,

(c) if the association is the association for a subsidiary scheme, a recording identifying the association property of the scheme of which the subsidiary scheme is a part,

(d) a recording to identify easements benefiting or burdening the association property or the whole of the scheme parcel,

(e) a recording to identify positive covenants or restrictions on the use of land burdening the association property or the whole of the scheme parcel,

(f) a recording to identify the applicable management statement and amendments to the applicable management statement,

(g) a recording to identify any development contract registered with the scheme plan and any amendments to the development contract,

(h) the recordings required to be made under this Act or any other Act,

(i) any other recordings that the Registrar-General thinks fit.

Establishment of subsidiary strata scheme

13 Establishment of subsidiary strata scheme

(1) A community development lot or precinct development lot may also be subdivided by the registration of a strata plan that includes common property.

(2) On the registration of a strata plan, the Registrar-General is to make the following recordings—

(a) in the folio for the common property—

(i) the recordings required under sections 29, 31 and 32 of the Strata Schemes Development Act 2015, and

(ii) a recording identifying the association property of the scheme of which the strata scheme is a part, and

(iii) the recordings required to be made under this Act or any other Act, and

(iv) any other recordings that the Registrar-General thinks fit.

(b) in the folio for each strata lot, the recordings required under the Strata Schemes Development Act 2015.

(3) A neighbourhood lot may not be subdivided by the registration of a strata plan.

Part 3

Plans and instruments affecting schemes

Part 3 Plans and instruments affecting schemes

Division 1

Plans of subdivision and consolidation

Division 1 Plans of subdivision and consolidation

Scheme plans of subdivision

14 Scheme plans of subdivision

(1) A community plan of subdivision may be used to—

(a) subdivide 1 or more community development lots into—

(i) 2 or more community development lots, or

(ii) 1 or more community development lots and community property, or

(b) subdivide 1 or more community development lots and some, but not all, community property into 1 or more community development lots and community property, or

(c) subdivide community property into 1 or more community development lots and community property, or

(d) add a community development lot to a community scheme.

(2) A precinct plan of subdivision may be used to—

(a) subdivide 1 or more precinct development lots into—

(i) 2 or more precinct development lots, or

(ii) 1 or more precinct development lots and precinct property, or

(b) subdivide 1 or more precinct development lots and some, but not all, precinct property into 1 or more precinct development lots and precinct property, or

(c) subdivide precinct property into 1 or more precinct development lots and precinct property, or

(d) add a precinct development lot to a precinct scheme.

(3) A neighbourhood plan of subdivision may be used to—

(a) subdivide 1 or more neighbourhood lots into—

(i) 2 or more neighbourhood lots, or

(ii) 1 or more neighbourhood lots and neighbourhood property, or

(b) subdivide 1 or more neighbourhood lots and some, but not all, neighbourhood property into 1 or more neighbourhood lots and neighbourhood property, or

(c) subdivide neighbourhood property into 1 or more neighbourhood lots and neighbourhood property, or

(d) add a neighbourhood lot to a neighbourhood scheme.

Requirements for scheme plan of subdivision that subdivides or creates lot

15 Requirements for scheme plan of subdivision that subdivides or creates lot

(1) This section applies to a scheme plan of subdivision but not a scheme plan of subdivision that adds land to a scheme parcel as a development lot or neighbourhood lot.

(2) The plan—

(a) must comply with Schedule 1, and

(b) must include an additional sheet of the detail plan showing the boundaries of all development lots or neighbourhood lots created by the subdivision, and

(c) must include a replacement schedule of unit entitlement for the scheme that complies with Schedule 3, and

(d) if it is necessary to amend a registered development contract to give effect to the plan, must be accompanied by—

(i) a request for registration of the amendment to the development contract in the approved form, and

(ii) any documents prescribed by the regulations, and

(e) if a neighbourhood lot is being subdivided and it is held by the original owner, must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the dealing is in accordance with the development contract, or

(iii) the dealing has been authorised by the Tribunal.

(3) The plan, if it subdivides or creates association property—

(a) must include a replacement sheet for the association property plan showing the altered boundaries of the association property, and

(b) must be accompanied by a certificate (the association certificate) in the approved form, and

(c) must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the plan is in accordance with the contract, or

(iii) the plan has been authorised by the Tribunal.

(4) The association certificate must be under the seal of the association and be to the effect that—

(a) execution of the plan was authorised by special resolution, and

(b) any interest in the land has been released if—

(i) the plan has not been made subject to the interest, and

(ii) the interest is not a statutory interest or an interest recorded in the Register, and

(iii) the association has notice of the interest, and

(c) land ceasing to be association property will no longer be affected by a by-law restricting the use of association property.

(5) A development lot or neighbourhood lot created by a subdivision of association property ceases to be association property.

Requirements for scheme plan of subdivision that adds land to scheme parcel

16 Requirements for scheme plan of subdivision that adds land to scheme parcel

(1) This section applies to a scheme plan of subdivision that adds land to a scheme parcel as a development lot or neighbourhood lot.

(2) The plan—

(a) must comply with Schedule 1, and

(b) must include an additional sheet of the detail plan showing the boundaries of all development lots or neighbourhood lots created by the subdivision, and

(c) must include a replacement schedule of unit entitlement for the scheme that complies with Schedule 3, and

(d) must be accompanied by a certificate in the approved form certifying the association has been approved by special resolution the addition of the land, and

(e) if required by the Registrar-General, must be accompanied by a replacement location plan showing the new boundaries and overall layout of the scheme parcel, and

(f) must not be registered if the scheme parcel is a community parcel, unless the land—

(i) is contiguous to the community parcel, and

(ii) is not part of a scheme parcel or strata parcel, and

(g) must not be registered if the scheme parcel is a precinct parcel, unless the land—

(i) is contiguous to the precinct parcel, and

(ii) comprises a community development lot in the relevant community scheme, and

(h) must not be registered if the scheme parcel is a neighbourhood parcel that is part of a community scheme, unless the land—

(i) is contiguous to the neighbourhood parcel, and

(ii) comprises a development lot in the community scheme or, if the neighbourhood scheme is also part of a precinct scheme, the precinct scheme, and

(i) must not be registered if the scheme parcel is a neighbourhood parcel that is not part of a community scheme, unless the land—

(i) is contiguous to the neighbourhood parcel, and

(ii) is not part of a scheme parcel or strata parcel, and

(j) must not be registered, unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the addition of the land is in accordance with the contract, or

(iii) the addition of the land has been authorised by the Tribunal.

Scheme plans of consolidation

17 Scheme plans of consolidation

(1) A community plan of consolidation may be used to consolidate 2 or more, but not all, of the community development lots in the same community plan.

(2) A precinct plan of consolidation may be used to consolidate 2 or more, but not all, of the precinct development lots in the same precinct plan.

(3) A neighbourhood plan of consolidation may be used to consolidate 2 or more, but not all, of the neighbourhood lots in the same neighbourhood plan.

(4) A scheme plan of consolidation—

(a) must comply with Schedule 1, and

(b) must include an additional sheet of the detail plan showing the boundaries of the consolidated lot, and

(c) must include a replacement schedule of unit entitlement that—

(i) complies with Schedule 3, and

(ii) does not differ from the existing schedule except to show the unit entitlement of the consolidated lot as the sum of the lots that have been consolidated, and

(d) must be accompanied by any documents prescribed by the regulations.

Division 2

Community and precinct development lots

Division 2 Community and precinct development lots

Minor adjustments between development lots and community property

18 Minor adjustments between development lots and community property

(1) A boundary adjustment plan may be used to make an adjustment that, in the opinion of the Registrar-General, is a minor adjustment, to—

(a) the boundaries between community development lots and the community property in a community plan, or

(b) the boundaries between precinct development lots and the precinct property in a precinct plan.

(2) A boundary adjustment plan must—

(a) comply with Schedule 1, and

(b) include an additional sheet of the detail plan showing the altered boundaries of the affected development lots, and

(c) include a replacement sheet for the relevant association property plan showing the altered boundaries of the association property, and

(d) be accompanied by any documents prescribed by the regulations.

(3) A boundary adjustment plan when registered—

(a) operates, without any further assurance, to vest the land in accordance with the adjusted boundaries, and

(b) does not of itself give rise to any liability for stamp duty.

Severance of a development lot

19 Severance of a development lot

(1) An instrument in the approved form may be used to—

(a) sever a community development lot from a community scheme, or

(b) sever a precinct development lot from a precinct scheme.

(2) The instrument—

(a) must be signed by the owner of the lot and by the association, and

(b) must be accompanied by a replacement schedule of unit entitlement that complies with Schedule 3 for—

(i) the community scheme, and

(ii) if the severed lot is a precinct development lot, the precinct scheme, and

(c) must be accompanied by a certificate of the planning authority signifying its consent to the severance, and

(d) must be accompanied by a certificate under seal to the effect that consent to the severance has been given by special resolution—

(i) for a community development lot, by the community association, or

(ii) for a precinct development lot, by the community association and the precinct association, and

(e) must be accompanied by the consent of each mortgagee, chargee or covenant chargee of the lot, and

(f) must be accompanied by any evidence the Registrar-General may require to show that all easements for access and services have been created if the easements are necessary for the community scheme and the severed lot because of the severance of the lot.

(3) On registration of the instrument, the Registrar-General is to make any recordings in the folio for the severed lot as the Registrar-General thinks fit—

(a) to give effect to the severance, and

(b) to preserve subsisting interests recorded in the folio.

(4) A severed lot ceases to be a development lot but continues to be a lot in a current plan for the purposes of section 23F of the Conveyancing Act 1919.

Part 4

Association property

Part 4 Association property

Definition

20 Definition

In this Part—

relevant interest means the following—

(a) a mortgage,

(b) a charge,

(c) a covenant charge,

(d) a writ,

(e) a caveat,

(f) a lease, other than a lease necessary for the provision of a service to the scheme.

Vesting of association property

21 Vesting of association property

(1) Registration of a plan or dealing creating association property—

(a) vests the land in the relevant association, and

(b) frees and discharges the land from all relevant interests.

(2) Land vests under this section for the estate or interest evidenced by the folio for the land.

Shares in association property

22 Shares in association property

(1) An association for a scheme holds association property in the scheme as agent for the following as tenants in common—

(a) the owners of the development lots or neighbourhood lots in the scheme, other than lots in a subsidiary scheme,

(b) any subsidiary body for a subsidiary scheme comprising a former development lot in the scheme.

(2) The shares in the association property are proportional—

(a) for owners of development lots or neighbourhood lots, to the unit entitlement of the lots, and

(b) for a subsidiary body, to the unit entitlement of the former development lot.

Dealings with association property

23 Dealings with association property

(1) Association property may be dealt with only in accordance with this Act and the Community Land Management Act 2021.

(2) Association property held by an association as agent—

(a) for the owner of a development lot or neighbourhood lot, may be dealt with in conjunction with the lot, or

(b) for a subsidiary body, may be dealt with in conjunction with the subsidiary parcel.

(3) A reference in a dealing, caveat or priority notice to a lot is taken to include a reference to association property held by an association as agent in relation to the lot.

(4) Subsection (3) has effect without a recording being made in the folio for the association property.

Conversion of lots to association property

24 Conversion of lots to association property

(1) An instrument in the approved form may be used to—

(a) convert a community development lot to community property, or

(b) convert a precinct development lot to precinct property, or

(c) convert a neighbourhood lot to neighbourhood property.

(2) The instrument—

(a) must be signed by the owner of the lot and by the association, and

(b) must be accompanied by a replacement sheet for the association property plan showing the altered boundaries of the association property, and

(c) must be accompanied by a replacement schedule of unit entitlement for the affected scheme that complies with Schedule 3, and

(d) must be accompanied by a certificate of the planning authority showing its consent to the conversion, and

(e) must be accompanied by a certificate under the seal of the relevant association to the effect that it has, by special resolution, consented to the conversion and to the new schedule of unit entitlement, and

(f) must not be registered unless the folio for the lot is freed from all relevant interests, and

(g) if the instrument is converting a neighbourhood lot held by the original owner, must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the instrument is in accordance with the contract, or

(iii) the conversion has been authorised by the Tribunal.

(3) On registration of the instrument, the Registrar-General is to cancel the folio for the lot.

Acquisition of additional association property by transfer

25 Acquisition of additional association property by transfer

(1) An association may add land to its association property by transfer if—

(a) the land is not part of the scheme parcel, and

(b) the land is contiguous to the scheme parcel, and

(c) the transfer is registered under the Real Property Act 1900.

(2) If the scheme is a subsidiary scheme, the transferred land must comprise a development lot within a scheme of which the subsidiary scheme is part.

(3) The transfer—

(a), (b) (Repealed)

(c) must be accompanied by a certificate under the seal of the association to which the land is to be transferred to the effect that acceptance of the transfer was authorised by special resolution, and

(d) must be accompanied by a replacement sheet for the association property plan showing the altered boundaries of the association property, and

(e) must be accompanied by an additional sheet of the detail plan showing the detailed survey information of the additional land, and

(f) if required by the Registrar-General, must be accompanied by a replacement location plan showing the new boundaries and overall layout of the scheme parcel, and

(g) must not be registered unless the folio for the lot is freed from all relevant interests, and

(h) must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the transfer is in accordance with the contract, or

(iii) the transfer has been authorised by the Tribunal.

(4) In this section—

detailed survey information for a plan, means the survey information required to be included in the plan by regulations made under the Surveying and Spatial Information Act 2002.

s 25: Am 2022 No 59, Sch 1.5[1].

Acquisition of additional association property by lease

26 Acquisition of additional association property by lease

(1) An association may add land to its association property by lease if—

(a) the land is not part of the scheme parcel, and

(b) the land is contiguous to the scheme parcel, and

(c) the lease is registered under the Real Property Act 1900.

(2) The lease—

(a), (b) (Repealed)

(c) must be accompanied by a certificate under the seal of the association to which the land is to be transferred to the effect that acceptance of the lease was authorised by special resolution, and

(d) if the lease is to a neighbourhood association, must not be registered unless—

(i) the initial period has expired, or

(ii) there is a development contract in force and the lease is in accordance with the contract, or

(iii) the lease has been authorised by the Tribunal.

(3) An association may surrender or vary a lease accepted by it under this section if—

(a) it so decides by special resolution, and

(b) the lessor consents.

(4) In this section—

lease includes—

(a) a sublease, and

(b) a leasehold estate or interest acquired by transfer.

s 26: Am 2022 No 59, Sch 1.5[1].

Lease of certain association property

27 Lease of certain association property

(1) An association may grant a lease of land forming part of its association property if—

(a) the land is not all of its association property, and

(b) the lease is registered under the Real Property Act 1900.

(2) The lease—

(a) must be accompanied by a certificate (an association certificate) in the approved form, and

(b) must not be registered unless—

(i) the initial period has expired, or

(ii) the grant of the lease has been authorised by the Tribunal.

(3) The association certificate must be under the seal of the association and be to the effect that—

(a) execution of the lease was authorised by special resolution, and

(b) any interest in the land has been released if—

(i) the lease has not been made subject to the interest, and

(ii) the interest is not a statutory interest or an interest recorded in the Register, and

(iii) the association has notice of the interest, and

(c) any by-law restricting the use of the association property no longer affects the interest passing under the lease.

(4) An association may by special resolution accept a surrender of, or exercise a right of re-entry under, a lease granted by it under this section.

(5) In this section—

grant a lease includes grant a sublease or transfer a lease, but only if the sublease or transfer is not in contravention of the lease.

Transfer of association property

28 Transfer of association property

(1) An association may transfer land forming part of its association property if—

(a) the land is not all of its association property, and

(b) the land is not held by it on lease, and

(c) the land is shown as a lot in a plan lodged for registration as a current plan, and

(d) the transfer is registered under the Real Property Act 1900.

(2) The transfer—

(a) must be accompanied by a replacement sheet for the association property plan showing the altered boundaries of the association property, and

(b) must be accompanied by a certificate (an association certificate) in the approved form, and

(c) must not be registered unless—

(i) the initial period has expired, or

(ii) the transfer has been authorised by the Tribunal.

(3) The association certificate must be under the seal of the association and be to the effect that—

(a) execution of the transfer was authorised by special resolution, and

(b) any interest in the land has been released if—

(i) the transfer has not been made subject to the interest, and

(ii) the interest is not a statutory interest or an interest recorded in the Register, and

(iii) the association has notice of the interest, and

(c) any by-law restricting the use of the association property no longer affects the interest passing under the transfer.

(4) Land transferred under this section ceases to be association property.

Part 5

Easements and restrictions

Part 5 Easements and restrictions

Definition

29 Definition

In this Division—

relevant interest means an easement, restriction on the use of land or positive covenant.

Association may grant or accept relevant interest

30 Association may grant or accept relevant interest

(1) An association may by special resolution—

(a) grant an easement that burdens association property, or

(b) grant a restriction on the use of land or a positive covenant that burdens association property or the whole of the scheme parcel, or

(c) execute a dealing releasing or varying a relevant interest that benefits association property or the whole of the scheme parcel.

(2) An association may by ordinary resolution—

(a) accept the benefit of a relevant interest that benefits association property or the whole of the scheme parcel, or

(b) accept a dealing releasing or varying a relevant interest that burdens association property or the whole of the scheme parcel.

s 30: Am 2022 No 59, Sch 1.5[2] [3].

Dealings to grant or accept relevant interest

31 Dealings to grant or accept relevant interest

(1) A dealing by an association to grant, release, vary or accept a relevant interest that burdens or benefits land must be accompanied by a certificate—

(a) in the approved form, and

(b) under the seal of the association, and

(c) to the effect that the dealing was approved by the association in accordance with this Division.

(2) A dealing under this section must not be registered if the association is a neighbourhood association unless—

(a) the initial period has expired, or

(b) there is a development contract in force and the dealing is in accordance with the contract, or

(c) the dealing has been authorised by the Tribunal.

Definitions

32 Definitions

In this Division—

lot means—

(a) a development lot, neighbourhood lot or strata lot, or

(b) community property, precinct property or neighbourhood property.

prescribed diagram means a diagram in the approved form that complies with any requirements prescribed by the regulations or the lodgment rules.

service includes—

(a) the supply of water, gas, electricity, artificially heated or cooled air or heating oil, and

(b) the provision of recycled water, sewerage and drainage, and

(c) telecommunications services.

service line means a pipe, wire, cable, duct, channel or pole used for the provision of a service.

service provider includes an association that provides a service under a management statement.

Meaning of “statutory easement”

33 Meaning of “statutory easement”

For the purposes of this Act, a statutory easement is an easement conferring rights—

(a) to provide a service line within a scheme and a service using the service line, and

(b) to maintain and repair the service line, and

(c) to enter the following land within the scheme and do all things as may be reasonably necessary to exercise the rights referred to in paragraphs (a) and (b)—

(i) land that includes, or is to include, the service line,

(ii) land contiguous to the land.

Creation of statutory easement

34 Creation of statutory easement

(1) A statutory easement is created within a scheme when a prescribed diagram showing the position of the service line is registered as part of the management statement for the scheme.

(2) On the creation within a scheme of a statutory easement for a service line—

(a) the easement is appurtenant to each lot in the scheme to which a service is provided using the service line, and

(b) land within the scheme in which the service line is located is subject to the easement to the extent the lot is affected by the service line.

Service line provider has benefit of statutory easement

35 Service line provider has benefit of statutory easement

A service provider has the benefit of a statutory easement created in a scheme in relation to a service line if—

(a) the service provider provides a service within a scheme using the service line, and

(b) the service is provided in accordance with an agreement or, if the service provider is the association for the scheme, in accordance with a management statement.

Implied covenants

36 Implied covenants

An association, owner of land or service provider, having the benefit of a statutory easement is subject to the following covenants—

(a) the rights under the easement will be exercised in a way that—

(i) will not unreasonably interfere with the use and enjoyment by any other owner of land burdened by the easement, and

(ii) will ensure any interference with the use and enjoyment of community, precinct or neighbourhood property by owners or occupiers of lots will be kept to a minimum,

(b) the person exercising the rights under the easement will make good, at the person’s own expense, any damage to, or interference with, the parts of the scheme affected by the exercise of the rights—

(i) for land within the scheme that will include, or includes, the service line—by restoring the land to a basic standard not including the repair or restoration of unusual or expensive landscaping or other works erected over the land, and

(ii) for land within the scheme contiguous to the land referred to in subparagraph (i)—by restoring the land to its former state,

(c) the person exercising the rights under the easement will leave the land on which they are exercised in a clean and tidy condition on completion of the installation, maintenance or repair of any service the subject of the easement.

Service line completed after creation of statutory easement

37 Service line completed after creation of statutory easement

(1) If the installation of a service line is completed after the creation of the statutory easement, the relevant association—

(a) must notify the Registrar-General of the completion in the approved form, and

(b) if the service line is installed in a different position from the position shown in the registered prescribed diagram, must lodge a new prescribed diagram for registration—

(i) showing the actual position of the service line, and

(ii) signed by the owners of each of the lots to be burdened by the statutory easement to be created on registration of the new prescribed diagram.

(2) If the installation is completed during the initial period, the notification and lodgment is to be done by the developer.

(3) On registration of the new prescribed diagram—

(a) the earlier prescribed diagram is cancelled to the extent it is inconsistent with the new prescribed diagram, and

(b) the new prescribed diagram has effect on registration as if it had been registered immediately before installation of the service line.

Developer to give copy of prescribed diagram to association

38 Developer to give copy of prescribed diagram to association

(1) A developer must give a copy of the prescribed diagram relating to a service line to the association for a scheme if—

(a) a service line is installed as part of the scheme, and

(b) the service line is installed after registration of the management statement.

(2) The copy must be given within 1 month after the installation.

Registrar-General may make recordings

39 Registrar-General may make recordings

The Registrar-General may make in the Register any recordings the Registrar-General thinks fit about any action taken under this Division.

Division does not affect other rights or obligations

40 Division does not affect other rights or obligations

This Division does not affect any rights or obligations relating to service lines conferred or imposed by another Act.

Part 6

Access to schemes

Part 6 Access to schemes

Setting apart access way in association property

41 Setting apart access way in association property

(1) All or part of association property may be set apart as an open access way connecting part of the scheme parcel—

(a) to a public place, or

(b) if the association property is part of a subsidiary scheme, to a public place through an open access way in the community scheme of which the subsidiary scheme forms part.

(2) All or part of association property, other than an open access way, may be set apart as a private access way connecting part of the scheme parcel—

(a) to an open access way within the scheme parcel or a public place, or

(b) if the association property is part of a subsidiary scheme, to an open access way within the scheme parcel or a public place through an open access way in the community scheme of which the subsidiary scheme forms part.

(3) Land is set apart under this section if the management statement for the scheme includes a plan in the approved form that—

(a) defines the land to be set apart as an access way, and

(b) specifies whether the land is an open access way or a private access way, and

(c) includes any information prescribed by the regulations or lodgment rules.

Note—

See section 112 of the Community Land Management Act 2021 for further provisions relating to open and private access ways.

Special resolution required for closure of open access way

42 Special resolution required for closure of open access way

An open access way within a community parcel may not be closed unless the closure is authorised by special resolution of each association whose members are entitled to use the access way.

Access ways remain as association property

43 Access ways remain as association property

(1) Setting apart land as an open access way or a private access way does not—

(a) cause the land to cease to be association property, or

(b) affect the obligation of an association to maintain it as association property.

(2) This section has effect to the exclusion of anything in the Roads Act 1993 that operates to vest land in a council as a public road.

Effect of access ways in relation to certain rights

44 Effect of access ways in relation to certain rights

(1) Section 45A of the Real Property Act 1900 does not apply to a conveyance of land abutting on an open access way or a private access way.

(2) The owner of a lot in a scheme has no rights in relation to association property set apart under the scheme as an open access way or a private access way other than—

(a) rights conferred by this Act and the Community Land Management Act 2021 on the owner in relation to association property, and

(b) rights conferred by the management statement for the scheme.

Part 7

Development contracts

Part 7 Development contracts

Definitions

45 Definitions

In this Act—

authorised proposal means any part of the proposed development that the developer is permitted by the contract to carry out but cannot, merely because it is described in the contract, be compelled to carry out.

development concern—see section 55.

development contract means the instruments, plans and drawings registered with a scheme plan that describe the way in which it is proposed to develop land in the scheme.

warranted development means any part of the proposed development that the developer is permitted by the contract to carry out and may be compelled to carry out.

Form and content

46 Form and content

(1) A development contract and any amendment of a development contract must be in the approved form and be signed by or on behalf of the developer.

(2) A development contract must describe the following—

(a) the parcel of land to which the contract relates,

(b) any land proposed to be added to the parcel at a later time,

(c) the warranted development,

(d) the authorised proposals.

(3) A development contract must identify—

(a) warranted development as “warranted development—proposed development subject to a warranty”, and

(b) authorised proposals as “authorised proposals—proposed development not subject to a warranty”.

(4) A development contract must include—

(a) a concept plan, and

(b) a description of the amenities proposed to be provided, and

(c) details of access and construction zones, working hours and any related rights over association property, and

(d) an undertaking by the developer—

(i) to not cause unreasonable inconvenience to owners of lots in the scheme, and

(ii) to repair without delay any damage caused to association property or common property by development activities, and

(e) any other documents, particulars, information or matter prescribed by the regulations.

(5) A development contract cannot provide for the subdivision of association property without the consent, by special resolution, of the relevant association.

(6) This section does not limit the matters that may be included in a development contract.

Planning approval

47 Planning approval

(1) A planning authority must not grant planning approval to a relevant application unless the proposed development contract complies with this Part.

(2) The granting of planning approval may be, but need not be, subject to a condition requiring the community parcel, precinct parcel or neighbourhood parcel to be developed in accordance with the development contract.

(3) The condition has effect—

(a) for a development consent under Part 4 of the Environmental Planning and Assessment Act 1979—as a condition of the development consent authorised by, and imposed under, section 4.17 of that Act, or

(b) for an approval under Division 5.2 of that Act—as a condition of the approval.

(4) A planning authority that grants planning approval for a relevant application—

(a) must certify on the development contract that—

(i) planning approval has been granted to the development proposed by the instruments, plans and drawings that comprise the development contract, and

(ii) the instruments, plans and drawings are not inconsistent with the planning approval, and

(b) must provide the applicant with a copy of the development contract bearing the certificate.

(5) In this section—

relevant application means an application for planning approval for development in accordance with a proposed scheme plan accompanied by a proposed development contract.

Variation of liability for association property expenses

48 Variation of liability for association property expenses

(1) A development contract may apportion the liability for expenses relating to the use or maintenance of association property in a scheme differently from the way liability would otherwise be apportioned by the schedule of unit entitlement applicable to lots under the scheme.

(2) An apportionment under this section has effect despite the current schedule of unit entitlement, but does not apply to any liability relating to the use or maintenance of the association property after the development contract is concluded.

Binding effect

49 Binding effect

(1) A development contract comes into effect when it is registered.

(2) A development contract registered with a scheme plan has effect as if it included an agreement under seal with the covenants set out in subsections (3) and (4)—

(3) The developer covenants that the developer must—

(a) carry out warranted development, and

(b) carry out development in accordance with—

(i) the covenants set out and implied in the contract, and

(ii) any relevant planning approval.

(4) The other parties covenant that the developer will be permitted to carry out, in accordance with the development contract and any relevant planning approval—

(a) warranted development, and

(b) authorised proposals.

(5) The covenants are given jointly and severally between the developer and each of the other parties.

(6) Any attempt to exclude, modify or restrict the operation of the covenants is void.

(7) The covenants do not affect any right or remedy a person has otherwise than under the covenants.

(8) The covenants do not merge in a transfer.

(9) Part 4 of the Community Land Management Act 2021 does not apply to matters arising under the covenants.

(10) In this section—

lot owner, for a scheme, means a person, other than a developer, who is the owner of a development lot or neighbourhood lot within the scheme.

other parties, for a scheme, means—

(a) the association and any subsidiary bodies, and

(b) the lot owners, and

(c) each registered mortgagee, chargee, covenant chargee or lessee of a lot.

Amendment with approval of planning authority and association

50 Amendment with approval of planning authority and association

(1) A development contract may be amended by the developer but the amendment is ineffective unless—

(a) this section has been complied with in relation to the amendment, and

(b) the amendment is registered.

(2) A proposed amendment to a development contract may not be made unless it is approved—

(a) by the planning authority, and

(b) by the relevant association.

(3) The approval of the relevant association must be by—

(a) unanimous resolution, if the proposed amendment involves a change in—

(i) the basic architectural or landscaping design of the development, or

(ii) the essence or theme of the development, or

(b) resolution, if the proposed amendment gives effect only to—

(i) a change in the law, or

(ii) a change in the requirements of the planning authority, or

(c) special resolution, in any other case.

(4) For the purposes of this section, an approval given under this Part by the Land and Environment Court to an amendment of a development contract has the same effect as if the approval were given by an association.

(5) A planning authority that approves an amendment of a development contract must provide the applicant for the approval with—

(a) a copy of the instruments, plans and drawings that describe and illustrate the amendment, and

(b) a certificate to the effect that—

(i) the copy describes and illustrates the approved amendment, and

(ii) the development contract, if amended as approved by the authority, would not be inconsistent with the related planning approval.

Notice of decision of planning authority and appeal

51 Notice of decision of planning authority and appeal

(1) If a planning authority does not approve an amendment of a development contract, the planning authority must give the applicant for the approval a notice stating—

(a) the grounds for the refusal, and

(b) the applicant may appeal to the Land and Environment Court against the refusal, and

(c) the period within which the appeal may be made.

(2) The applicant may appeal to the Land and Environment Court against the refusal within 12 months after receiving the notice.

(3) However, the Land and Environment Court may, if it considers it appropriate in the circumstances, extend the period for making the appeal.

(4) A decision of the Land and Environment Court on appeal is taken to be the final decision of the planning authority and is to be given effect as if it were the decision of the planning authority.

Amendment with approval of Court

52 Amendment with approval of Court

(1) A developer may apply to the Land and Environment Court for an order approving an amendment of a development contract if the approval by the relevant association is not given under this Part because—

(a) a motion for giving the approval has been defeated, or

(b) the notice relating the motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice.

(2) A copy of the application must be served by the developer on—

(a) the planning authority, and

(b) the association and any subsidiary body, and

(c) each person other than the developer who is the owner of a development lot or neighbourhood lot in the scheme or any subsidiary scheme, and

(d) each registered mortgagee, chargee and covenant chargee of a development lot or neighbourhood lot in the scheme or any subsidiary scheme.

(3) Each person or body served with a copy of the application is entitled to appear and be heard at the hearing of the application.

(4) The Land and Environment Court may—

(a) approve the amendment, or

(b) approve a different amendment, or

(c) refuse to approve the amendment.

Registration of amendment

53 Registration of amendment

(1) An amendment to a development contract made in accordance with this Part may be registered by the recordings in the Register as the Registrar-General thinks fit.

(2) The Registrar-General may refuse an application for registration of an amendment unless—

(a) it is in the approved form, and

(b) it bears the approval of the planning authority, and

(c) it bears a certificate by the association to the effect that the amendment was approved by the association as required by this Part.

Orders of the Court for breach

54 Orders of the Court for breach

(1) This section applies to proceedings brought in the Land and Environment Court.

(2) If proceedings are brought by an association, or a member of an association, under section 9.45 of the Environmental Planning and Assessment Act 1979 for a breach of a condition of a planning approval constituted by a breach of a development contract, the Court may make an award of damages under section 20(2)(d) of the Land and Environment Court Act 1979—

(a) instead of making a restraining order under section 9.46 of the Environmental Planning and Assessment Act 1979, or

(b) instead of, or in addition to, making an order under that section other than a restraining order.

(3) If proceedings are brought under section 20(2)(d) of the Land and Environment Court Act 1979 for a breach of the agreement implied by section 49 in relation to a development contract—

(a) the Court may make an order under section 9.46 of the Environmental Planning and Assessment Act 1979 instead of, or in addition to, making an award of damages, or

(b) the Court may order specific performance of the development contract instead of making an award of damages.

Development concerns

55 Development concerns

(1) The following are development concerns for the purposes of this Part—

(a) adding to association property in accordance with a development contract,

(b) adding land to a scheme in accordance with a development contract,

(c) carrying out any other development permitted to be carried out because it is included in a development contract.

(2) The following are not development concerns for the purposes of this Part—

(a) the subdivision of association property created by a registered plan,

(b) the grant of a lease over association property,

(c) the amendment of a development contract, regardless of whether the subject-matter involved is, or relates to, a development concern.

Right to complete permitted development

56 Right to complete permitted development

(1) The developer who is permitted to carry out development that is a development concern under a development contract is the relevant developer for the development concern.

(2) A motion included in the notice for a meeting of an association that would have the effect of making a decision about a development concern may be passed or defeated by—

(a) the vote of the relevant developer, or

(b) if there is more than 1 relevant developer, the vote of each of the developers.

(3) It is not necessary for a decision about a development concern to be supported by special or unanimous resolution of an association, despite any other provision of this Act.

(4) A dealing, plan or other instrument may be executed for the purpose of giving effect to a decision about a development concern by—

(a) an association, or

(b) the relevant developer on behalf of an association.

(5) The regulations or the lodgment rules may—

(a) impose requirements for the execution of dealings, plans and other instruments by associations and developers, and

(b) require verification by statutory declaration of the circumstances in which they were executed.

Meetings of association relating to development concerns

57 Meetings of association relating to development concerns

(1) A motion, the passing or defeat of which at a meeting of an association or of the association committee of an association would have the effect of making a decision about a development concern, must be—

(a) identified as relating to a development concern in the notice for the meeting, and

(b) moved separately from any other kind of motion.

(2) A general meeting of an association under Schedule 1 to the Community Land Management Act 2021—

(a) may be convened by the developer, or

(b) must be convened if a qualified request is made under section 17 of that Act.

(3) In convening the general meeting, the developer or the persons or bodies making the qualified request may give notice of the meeting on behalf of the association committee of the association.

(4) The required quorum at a meeting of the association or association committee of the association is the developer—

(a) while business relating to a development concern is being dealt with, and

(b) if notice of the meeting has been duly given.

(5) A developer may exercise any of the following functions for the purpose only of allowing development permitted by a development contract to be carried out—

(a) functions of an association bound by the development contract,

(b) functions of any other person having functions under the scheme concerned as may be prescribed by the regulations.

(6) A reference to a developer in subsections (4) and (5) is, if the developer is a corporation, a reference to the company nominee of the corporation.

(7) This section has effect despite any other provision of this Act.

(8) In this section—

company nominee, for a corporation, means a company nominee within the meaning of the Community Land Management Act 2021 who is authorised to exercise the voting rights of the corporation.

Conclusion of development contract

58 Conclusion of development contract

(1) For the purposes of this Act, a development contract is concluded when any of the following occurs—

(a) any planning approval required for carrying out the contract is revoked,

(b) the time specified by the contract for conclusion of the contract arrives,

(c) a notice (a completion notice) stating that the scheme to which the contract relates is completed is registered by the Registrar-General,

(d) the scheme to which the contract relates is terminated under Part 9.

(2) A development contract must specify a time for the conclusion of the contract being a time not later than—

(a) 10 years after the registration of the contract, or

(b) if the regulations permit a later date to be specified, the later date.

(3) A completion notice must not be registered by the Registrar-General unless—

(a) it is in the approved form, and

(b) it has been signed by the developer concerned, and

(c) it is lodged with a certificate of the association for the scheme concerned—

(i) in the approved form, and

(ii) certifying that the association has agreed, by unanimous resolution, that the development contract has concluded.

(4) The Registrar-General must, if satisfied that a development contract has concluded—

(a) make an appropriate record of the conclusion of the contract in the folio for the association and the association property, if any, of the scheme concerned, and

(b) remove the contract from the Register.

Part 8

Amalgamation of schemes

Part 8 Amalgamation of schemes

Amalgamation with subsidiary precinct or neighbourhood scheme

59 Amalgamation with subsidiary precinct or neighbourhood scheme

A precinct scheme or neighbourhood scheme forming part of a community scheme may be amalgamated with the community scheme in accordance with this Part.

Public notice of proposed amalgamation

60 Public notice of proposed amalgamation

(1) The following must be publicly notified at least 14 days before an application for amalgamation is made—

(a) details of the proposed amalgamation,

(b) a statement of intention to make the application.

(2) The public notification must be done in a way the Registrar-General considers appropriate to cause notice of the application to come to the attention of the public.

Application for amalgamation of schemes

61 Application for amalgamation of schemes

(1) An application for amalgamation must—

(a) be made to the Registrar-General in the approved form, and

(b) be made under the seal of each of the following associations after being approved by special resolution of each of the associations—

(i) the community association,

(ii) the precinct association or neighbourhood association for the precinct scheme or neighbourhood scheme to be amalgamated,

(iii) the association or strata corporation for each other subsidiary scheme in the community scheme,

(iv) if the amalgamated scheme is a precinct scheme, the association or strata corporation for each other subsidiary scheme in the precinct scheme, and

(c) be signed by the registered owner of each development lot in the community scheme that has not become part of a subsidiary scheme, and

(d) bear the consent of the planning authority.

(2) The Registrar-General may refuse to register an amalgamation unless—

(a) the application for amalgamation is signed by each registered mortgagee, chargee or covenant chargee of each development lot in the community scheme that has not become part of a subsidiary scheme, and

(b) the application bears the consent of each lessee of precinct property or neighbourhood property in the precinct scheme or neighbourhood scheme to be amalgamated with the community scheme.

Matters to accompany application

62 Matters to accompany application

(1) The application for amalgamation must be accompanied by—

(a) an additional sheet of the detail plan for the community plan showing all the amalgamated precinct development lots or neighbourhood lots as community development lots or former community development lots without any changes to the boundaries or dimensions of the lots, and

(b) a replacement sheet for the community property plan showing the altered boundaries of the community property including the amalgamated precinct property or neighbourhood property, and

(c) a replacement schedule of unit entitlement for the community plan that complies with Schedule 3, and

(d) an amended community management statement, and

(e) any documents prescribed by the regulations.

(2) The amended community management statement must—

(a) comply with Schedule 2, and

(b) include a new prescribed diagram for all the statutory easements to which the community scheme will be subject on registration of the amalgamation, and

(c) if the position of service lines has changed, or is proposed to be changed, from the position shown on the prescribed diagrams for the community scheme, precinct scheme or neighbourhood scheme before amalgamation, be accompanied by the consent to the change of each owner of a lot affected by the change on registration of the amalgamation, and

(d) include new plans under section 41 for all access ways that will exist in the community scheme on registration of the amalgamation, and

(e) be accompanied by a certificate under the seal of the community association to the effect that the community management statement was amended in accordance with the Community Land Management Act 2021.

Consequences of registration of amalgamation of schemes

63 Consequences of registration of amalgamation of schemes

(1) On receiving an application for amalgamation in accordance with this Part, the Registrar-General may register the amalgamation.

(2) On registration of the amalgamation—

(a) each precinct scheme or neighbourhood scheme the subject of the application is terminated, and

(b) the association for a terminated scheme is dissolved, and

(c) any money in the administrative fund of a terminated scheme is to be transferred to the administrative fund of the community scheme, and

(d) any money in the sinking fund of a terminated scheme is to be transferred to the sinking fund of the community scheme, and

(e) any association property in a terminated scheme becomes community property in the community scheme, and

(f) any other assets and property of the association for a terminated scheme become the assets and property of the community association, and

(g) any liabilities of the association for a terminated scheme become the liabilities of the community association, and

(h) each precinct development lot or neighbourhood lot in a terminated scheme becomes a development lot in the community scheme, and

(i) each former precinct development lot in a terminated precinct scheme becomes a former development lot in the community scheme, and

(j) the change of a precinct development lot or neighbourhood lot to a community development lot does not affect any mortgage, charge, lease or other interest registered on the lot, and

(k) each owner of a precinct development lot or neighbourhood lot in a terminated scheme becomes a member of the community association, and

(l) each neighbourhood scheme or strata scheme that is a subsidiary scheme of a terminated precinct scheme and not the subject of the application continues as a subsidiary scheme of the community scheme.

(3) If the Registrar-General registers the amalgamation, the Registrar-General—

(a) must record in the Register the termination of each scheme that amalgamated with the community scheme, and

(b) may make any other appropriate recordings in the Register to give effect to the amalgamation and its consequences.

Regulations for purposes of this Part

64 Regulations for purposes of this Part

Regulations may be made about the amalgamation of schemes under this Part, including transitional matters arising from an amalgamation of schemes.

Part 9

Variation or termination of scheme

Part 9 Variation or termination of scheme

Variation or termination of scheme

65 Variation or termination of scheme

(1) The Supreme Court may vary or terminate a scheme if satisfied that—

(a) the continuation of the scheme is impracticable, or

(b) if the scheme is a staged scheme, completion of the staged scheme has become impracticable.

(2) The Supreme Court may terminate a scheme and any subsidiary scheme if an application to terminate the scheme is made by—

(a) the association for the scheme and each subsidiary body, and

(b) each owner of a lot within the scheme and any subsidiary scheme, and

(c) each registered mortgagee, chargee and covenant chargee of a lot within the scheme and any subsidiary scheme.

(3) An order of the Supreme Court varying or terminating a scheme may provide for any 1 or more of the following—

(a) the adjustment, exercise and discharge of rights and liabilities under the scheme of an association and its members,

(b) disposal of the assets of an association or of a strata corporation that is a member of an association,

(c) the vesting of estates or interests in land within the scheme,

(d) the winding up of an association or of a strata corporation that is a member of an association,

(e) a variation of unit entitlement in accordance with a new valuation,

(f) the amendment of the management statement for the scheme,

(g) the registration of a new plan or reversion to a former plan,

(h) any other matter the Court considers to be appropriate, just and equitable in the circumstances.

(4) If the Supreme Court orders termination of a scheme, the parcel that was subdivided to constitute the scheme is, for the purposes of section 23F of the Conveyancing Act 1919, reinstated as a lot in a current plan.

(5) Subsection (4) does not apply if the Supreme Court orders the lodgment for registration of a current plan for the parcel.

(6) In this section—

staged scheme means a scheme for which a development contract is in force.

Variation of associated development contract

66 Variation of associated development contract

(1) The Supreme Court may also vary an applicable development contract if satisfied that completion of a staged scheme has become impracticable.

(2) An order of the Supreme Court varying a development contract may provide for any 1 or more of the following—

(a) the conversion of a development lot or former development lot to community property or precinct property,

(b) the conversion of a neighbourhood lot to neighbourhood property,

(c) the severance from the scheme of a development lot or neighbourhood lot,

(d) the amendment of the management statement for the scheme,

(e) the persons authorised to sign an instrument for the purposes of any of the matters referred to in paragraphs (a)–(d),

(f) any other matter the Court considers to be appropriate, just and equitable in the circumstances.

(3) In this section—

staged scheme means a scheme for which a development contract is in force.

Application to Supreme Court

67 Application to Supreme Court

(1) An application to the Supreme Court for an order under this Division may be made by—

(a) an association or strata corporation within the scheme, or

(b) a member of an association or strata corporation within the scheme, or

(c) a person with a registered estate or interest in land within the scheme, or

(d) a resuming authority.

(2) If an application for an order is made to the Supreme Court under this Part—

(a) the Registrar-General must be joined as a party to the application, and

(b) the Supreme Court may join as a party to the application the local council or any other person, and

(c) the Supreme Court may, on application or of its own motion—

(i) deal with the application for an order to vary a development contract as if it were an application for an order to terminate the scheme, or

(ii) deal with an application for an order to terminate a scheme as if it were an application for an order to vary a development contract.

Termination of scheme by Registrar-General

68 Termination of scheme by Registrar-General

(1) This Division does not apply to a scheme if the scheme—

(a) is the subject of an application to the Supreme Court under Division 1, or

(b) has a strata scheme as a subsidiary scheme.

(2) The Registrar-General may terminate a scheme on the application of each owner of a lot within the scheme and any subsidiary scheme.

(3) On receiving an application under this Division, the Registrar-General may—

(a) make an order terminating the scheme, or

(b) refuse to terminate the scheme.

(4) A refusal by the Registrar-General to terminate a scheme does not preclude an application to the Supreme Court under Division 1 for termination of the scheme.

(5) An order terminating a scheme takes effect on being recorded in the Register.

Making application for termination

69 Making application for termination

(1) The following must be publicly notified at least 14 days, but not more than 6 months, before an application is made under this Division—

(a) details of the scheme that is proposed to be terminated,

(b) a statement of intention to make the application.

(2) The public notification must be done in a way the Registrar-General considers appropriate to cause notice of the application to come to the attention of the public.

(3) The application must be signed by—

(a) the association for the scheme and each subsidiary body, and

(b) each owner of a lot within the scheme and any subsidiary scheme, and

(c) each registered mortgagee, chargee and covenant chargee of a lot within the scheme and any subsidiary scheme.

(4) The application must be accompanied by the written consent of—

(a) the relevant planning authority, and

(b) each person who, on the basis of a recording in the Register affecting a lot within the scheme or a subsidiary scheme, is—

(i) a lessee, or

(ii) a judgment creditor under a writ, or

(iii) a caveator, and

(c) any of the following required by the Registrar-General—

(i) a service provider having the benefit of a statutory easement in the scheme,

(ii) a public authority whose consent is required to amend or revoke a by-law in the management statement for the scheme.

(5) There must be lodged with the application—

(a) a plan for the scheme parcel for registration as a current plan, and

(b) (Repealed)

(c) evidence that public notification has occurred as required by this section, and

(d) any other documents or evidence as the Registrar-General requires.

(6) The Registrar-General may wholly or partly waive compliance with subsections (1)–(4).

s 69: Am 2022 No 59, Sch 1.5[1]; 2023 No 45, Sch 2[1] [2].

Consequences of termination order by the Registrar-General

70 Consequences of termination order by the Registrar-General

(1) When the Registrar-General makes an order terminating a scheme and the order takes effect—

(a) the association is dissolved and the scheme is terminated, and

(b) the former owners are liable for the liabilities of the association, and

(c) any action taken by or against the association may be continued by or against the former owners, and

(d) the following vest in the former owners as tenants in common—

(i) the land in the community parcel, precinct parcel or neighbourhood parcel defined in the plan lodged with the application for the order,

(ii) the assets of the association, and

(e) the Registrar-General is to cancel the folios of the Register that evidenced title to the lots and association property in the scheme immediately before its termination, and

(f) the estates or interests of the former owners in land vested by paragraph (d) are subject to any estate or interest subsisting on the folios of the Register for the land immediately before the termination, and

(g) the Registrar-General is to create a folio of the Register for the land in the plan lodged with the application for the order.

(2) The liabilities, land and assets vest in the former owners—

(a) in proportion to the unit entitlement of their lots, or

(b) as otherwise provided for in the application for termination.

(3) Subsections (1) and (2) apply to any subsidiary scheme of the terminated scheme in the same way as they apply to the terminated scheme.

(4) The Registrar-General may make appropriate recordings in the Register to give effect to the termination and its consequences.

(5) In this section—

former owners means the persons who were the owners of the development lots or neighbourhood lots in the scheme immediately before the termination order took effect.

Part 10

Resumptions

Part 10 Resumptions

Definitions

71 Definitions

In this Part—

notice of resumption means a notice, notification or other instrument on publication of which land is resumed.

resume means compulsorily acquire under the authority of an Act or Commonwealth Act.

resuming authority means an authority in which land is proposed to be, or is, vested by resumption.

Application of Part

72 Application of Part

(1) This Part prevails to the extent of any inconsistency with any other Act, including section 8 of the Land Acquisition (Just Terms Compensation) Act 1991.

(2) A person must comply with the following, as well as this Part, to the extent they are not inconsistent with this Part—

(a) the Land Acquisition (Just Terms Compensation) Act 1991, for a resumption of land to which both this Part and that Act apply,

(b) Part 12 of the Roads Act 1993, for a resumption of land to which both this Part and that Part apply.

(3) In this Part, a reference to a resumption does not include a reference to a resumption that merely results in land being burdened by an easement.

(4) This Part applies only to resumptions of land within—

(a) a community scheme, or

(b) a precinct scheme, or

(c) a neighbourhood scheme, or

(d) a strata scheme that is part of a community scheme or precinct scheme.

Resuming authority must apply to Supreme Court

73 Resuming authority must apply to Supreme Court

(1) A resuming authority proposing to resume the whole of a scheme parcel or strata parcel that will cease to be subject to a scheme must apply to the Supreme Court for an order under Part 9 terminating the scheme.

(2) A resuming authority proposing to resume part of the land in a scheme parcel or strata parcel must apply to the Supreme Court for an order restructuring the scheme.

(3) Subsection (2) does not apply if the only land to be resumed is—

(a) part of the association property or common property in a scheme, or

(b) land below the surface of the scheme parcel and there will be no disturbance to the surface.

(4) The Supreme Court may, when making an order restructuring the scheme, also make any order it considers necessary, including—

(a) to adjust unit entitlements, or

(b) to amend any applicable—

(i) development contract, or

(ii) management statement, or

(iii) by-laws under a strata scheme, or

(c) if part of a lot is to be resumed—

(i) to make the residue of the lot a lot in the scheme, or

(ii) with the consent of the owner of the residue of the lot, to vest the residue of the lot in the relevant association or strata corporation as association property or common property.

(5) An order under subsection (4)(c)(ii) vests the land freed from any mortgage, lease, charge, covenant charge, writ or caveat affecting it before the vesting.

(6) An application under this section must be made before the publication of the relevant notice of resumption.

Notice of application to the Supreme Court

74 Notice of application to the Supreme Court

(1) A resuming authority that makes an application to the Supreme Court under this Division must serve notice of the application on each of the following (an interested person)—

(a) except to the extent, if any, that the Supreme Court otherwise directs—each registered owner, and each registered mortgagee, chargee and covenant chargee of a lot within the scheme,

(b) the association or strata corporation for the scheme,

(c) any subsidiary bodies of the scheme,

(d) if the scheme is a subsidiary body of another scheme, the association for the scheme,

(e) if the land resumed is part of a lot or common property and is to be excluded from the related scheme, the local council,

(f) the Registrar-General,

(g) any other persons as the Supreme Court may direct.

(2) An interested person is entitled to be heard on the application.

Application may be treated as application to vary or terminate scheme

75 Application may be treated as application to vary or terminate scheme

(1) The Supreme Court may direct an application in relation to a scheme be heard and determined as if it were an application to vary or terminate the scheme.

(2) The direction may be given by the Supreme Court on application or of its own motion.

Hearing of application

76 Hearing of application

(1) The Supreme Court, when deciding an application under this Division, must—

(a) disregard any failure by the resuming authority to comply strictly with the requirements of this Part and of any regulations made for the purposes of this Part, and

(b) consider whether any amendment is required to a schedule of unit entitlement, development contract or management statement, and

(c) consider whether any contribution should be made by the resuming authority for the period following publication of the notice of resumption, and

(d) make any orders the Court considers to be appropriate, just and equitable in the circumstances.

(2) The Supreme Court may order a whole parcel to be resumed or a scheme to be terminated if it appears to the Supreme Court that the effect of a resumption of land would cause the continuation of the scheme to be impracticable.

(3) Nothing in this Division authorises the Supreme Court to modify or nullify the effect of a notice of resumption in relation to the land resumed.

Costs

77 Costs

The costs of an application under this Division to the Supreme Court are payable by the resuming authority unless the Court directs otherwise.

Orders take effect on registration

78 Orders take effect on registration

An order of the Supreme Court under this Division takes effect on registration unless the order provides otherwise.

Division 3

Notice of resumption

Division 3 Notice of resumption

Notice of resumption

79 Notice of resumption

(1) A notice of resumption must state whether or not the land resumed is excluded from a scheme.

(2) Land is excluded from a scheme if a notice of resumption so provides.

(3) If land is excluded from a scheme, it is also excluded from—

(a) any scheme of which the scheme forms a part, or

(b) any subsidiary scheme.

(4) A notice of resumption for part of association property or community property in a scheme must—

(a) describe the land to be resumed as a lot in a current plan, and

(b) state that the land resumed is excluded from the scheme.

(5) A notice of resumption must also include a Supreme Court case number if an application has been made to the Supreme Court to terminate or restructure a scheme as a consequence of a resumption, whether because of a requirement of this Part or otherwise.

(6) The Registrar-General may, on publication of a notice of resumption, make any recordings and notations in the Register as the Registrar-General thinks fit.

When notice is required to apply to whole parcel

80 When notice is required to apply to whole parcel

(1) A resuming authority must resume the whole of a scheme parcel if it intends to resume—

(a) all the association property for the scheme, or

(b) all the development lots or neighbourhood lots in the scheme.

(2) A resuming authority must resume the whole of a strata parcel for a strata scheme if it intends to resume—

(a) all the common property forming part of the scheme, or

(b) all the strata lots forming part of the scheme.

(3) In this section—

development lot includes a former development lot.

Division 4

Plans and instruments to be lodged with Registrar-General

Division 4 Plans and instruments to be lodged with Registrar-General

Definition

81 Definition

In this Division—

resumption application means a resumption application under section 31A of the Real Property Act 1900.

Lodgment of plans

82 Lodgment of plans

A plan required to be lodged under this Division must—

(a) be lodged with the Registrar-General for registration before the publication of the relevant notice of resumption, and

(b) bear a statement to the effect that it was lodged because of the resumption.

When registered plan takes effect

83 When registered plan takes effect

A plan required to be lodged under this Division takes effect when the plan and the resumption application have both been registered.

Registrar-General may make recordings and notations

84 Registrar-General may make recordings and notations

The Registrar-General may, when registering a resumption application, make any of the following as the Registrar-General thinks fit—

(a) recordings in the folio for the association property or common property,

(b) recordings in the folio for the resumed land,

(c) notations on the scheme plan.

Resumption of whole parcel

85 Resumption of whole parcel

(1) This section applies if the land to be resumed is a scheme parcel or strata parcel that will cease to be subject to a scheme.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) an order of the Supreme Court made under Division 2,

(c) a plan of the parcel—

(i) for registration as a current plan, and

(ii) bearing a statement to the effect that the plan has been lodged to terminate the scheme.

Resumption of entire lot with exclusion from scheme

86 Resumption of entire lot with exclusion from scheme

(1) This section applies if the land to be resumed—

(a) is an entire development lot, neighbourhood lot or strata lot, and

(b) is to be resumed and excluded from the related scheme.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) an order of the Supreme Court made under Division 2,

(c) a revised schedule of unit entitlement sealed by the Supreme Court for the affected scheme and each subsidiary scheme,

(d) if the lot is a strata lot, a plan—

(i) for registration as a current plan, and

(ii) showing the lot, and

(iii) bearing a statement to the effect that the lot is to be excluded from the scheme.

Resumption of part of lot without exclusion from scheme

87 Resumption of part of lot without exclusion from scheme

(1) This section applies if the land to be resumed is—

(a) a part of a lot, and

(b) to be resumed without being excluded from the scheme, and

(c) not association property or common property.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) an order of the Supreme Court made under Division 2,

(c) a revised schedule of unit entitlement sealed by the Supreme Court for the affected scheme,

(d) if the resumed land is part of a strata scheme, a plan showing the land to be resumed as 1 or more lots in a strata plan of subdivision,

(e) if the resumed land is not part of a strata scheme—

(i) an additional sheet of the relevant detail plan—

(A) for registration as a scheme plan of subdivision, and

(B) showing the boundaries of both the land to be resumed and the residue of the lot after the resumption, and

(ii) if the residue vests in the association as association property, a replacement sheet for the association property plan showing the altered boundaries of the association property.

Resumption of part of lot with exclusion from scheme

88 Resumption of part of lot with exclusion from scheme

(1) This section applies if the land to be resumed—

(a) is a part of a lot, and

(b) is to be resumed and excluded from the scheme, and

(c) is not association property or common property.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) an order of the Supreme Court made under Division 2,

(c) a revised schedule of unit entitlement sealed by the Supreme Court for the affected scheme and each subsidiary scheme,

(d) a plan of the land to be resumed—

(i) for registration as a current plan, and

(ii) bearing a statement to the effect that the land is to be excluded from the scheme,

(e) if the resumed land is not part of a strata scheme, an additional sheet of the detail plan for the relevant scheme plan showing the altered boundaries of the residue of the lots affected,

(f) if the resumed land is part of a strata scheme, a strata plan of subdivision showing the residue of the resumed lot as a lot, unless the residue is to be vested in the strata corporation as common property.

Resumption of part of association property

89 Resumption of part of association property

(1) This section applies if the land to be resumed is part of the association property in a scheme.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) a plan of the land to be resumed—

(i) for registration as a current plan, and

(ii) bearing a statement to the effect that the land is to be excluded from the scheme,

(c) a replacement sheet for the association property plan showing the altered boundaries of the association property,

(d) any of the following required by the Registrar-General—

(i) a certificate by the resuming authority stating that the land resumed was not restricted property,

(ii) a request by the association for registration of an amendment of the management statement under which, on registration, the land resumed would cease to be restricted property,

(iii) evidence that an application has been made to the Supreme Court for amendment of the management statement in its application to the association property.

Resumption of part of common property

90 Resumption of part of common property

(1) This section applies if the land to be resumed is part of the common property in a strata scheme.

(2) The resuming authority must lodge the following—

(a) a resumption application,

(b) a plan of the land to be resumed—

(i) for registration as a current plan, and

(ii) bearing a statement to the effect that the land is to be excluded from the strata scheme,

(c) any of the following required by the Registrar-General—

(i) a certificate by the resuming authority stating that the land resumed was not restricted property,

(ii) a request by the strata corporation for registration of an amendment of the by-laws under which, on registration, the land resumed would cease to be restricted property,

(iii) evidence that an application has been made to the Supreme Court for amendment of the by-laws in their application to the common property.

Division 5

Effect of resumption

Division 5 Effect of resumption

Exclusion of resumed land from scheme

91 Exclusion of resumed land from scheme

(1) If part of association property or common property is resumed—

(a) the land ceases to be association property or common property, and

(b) this Act and the Community Land Management Act 2021 cease to apply to it.

(2) If resumed land was not association property or common property and the notice of resumption states that it is excluded from any related scheme—

(a) the land ceases to be within the scheme, and

(b) this Act and the Community Land Management Act 2021 cease to apply to it.

(3) A development lot or neighbourhood lot excluded from a scheme—

(a) ceases to be a development lot or neighbourhood lot, and

(b) continues, for the purposes of section 23F of the Conveyancing Act 1919, as a lot in a current plan.

Interest in association or common property

92 Interest in association or common property

(1) A resuming authority does not acquire any interest in association property or common property by a resumption of land within a scheme, if—

(a) the notice of resumption states that the land is excluded from a scheme, and

(b) the land is not association property or common property.

(2) If resumed land is excluded from a scheme, any interest in restricted property attaching to the land is extinguished.

Continuation of resumed land within scheme

93 Continuation of resumed land within scheme

(1) Resumed land remains within a scheme if—

(a) the notice of resumption states that the land is not excluded from the scheme, and

(b) the land is—

(i) the whole of a scheme parcel or strata parcel, or

(ii) not association property or common property.

(2) This Act and the Community Land Management Act 2021—

(a) continue to apply to land referred to in subsection (1), and

(b) apply as if the land had been vested in the resuming authority by a registered transfer.

Division 6

Sale as alternative to resumption

Division 6 Sale as alternative to resumption

Definition

94 Definition

In this Act—

acquisition plan means a plan—

(a) lodged for registration as a current plan, and

(b) showing the parts of lots and association property within a scheme that are to be purchased by a resuming authority under this Division.

Use of acquisition plan to acquire land

95 Use of acquisition plan to acquire land

A resuming authority proposing to resume part of the land in a community scheme, precinct scheme or neighbourhood scheme may instead—

(a) register an acquisition plan, and

(b) purchase the land in the acquisition plan.

Grounds for refusing to register acquisition plan

96 Grounds for refusing to register acquisition plan

(1) The Registrar-General may refuse to register an acquisition plan unless the plan bears a statement to the effect that, on being transferred to the resuming authority, the land is excluded from the scheme.

(2) The Registrar-General may refuse to register an acquisition plan involving a subdivision of any of the following unless the plan is accompanied by—

(a) for association property, a replacement sheet for the association property plan that—

(i) shows the altered boundaries of the association property, and

(ii) complies with Schedule 1,

(b) for a development lot or neighbourhood lot, an additional sheet of the relevant detail plan that—

(i) shows the altered boundaries of the lot, and

(ii) complies with Schedule 1,

(c) for a community development lot, a replacement schedule of unit entitlement for the community plan that complies with Schedule 3,

(d) for a precinct development lot, replacement schedules of unit entitlement for the community plan and the precinct plan that comply with Schedule 3,

(e) for a neighbourhood lot within a community scheme, replacement schedules of unit entitlement for the community plan, the neighbourhood plan and, if the neighbourhood lot is within a precinct scheme, the precinct plan that comply with Schedule 3,

(f) for a neighbourhood lot not within a community scheme, a replacement schedule of unit entitlement for the neighbourhood plan that complies with Schedule 3.

Sale of association property using acquisition plan

97 Sale of association property using acquisition plan

(1) An association may sell part of its association property to a resuming authority if—

(a) the part to be sold is included in an acquisition plan, and

(b) the sale is authorised by special resolution.

(2) The Registrar-General may refuse to register a transfer of association property included in an acquisition plan unless the transfer is accompanied by a certificate—

(a) in the approved form, and

(b) given under the seal of the association, and

(c) to the effect that the sale has been approved by special resolution.

Effect of registration of transfer

98 Effect of registration of transfer

On the registration of a transfer to a resuming authority of land in an acquisition plan—

(a) any interest in restricted property benefiting or burdening the land is extinguished, and

(b) any of the land that is association property ceases to be association property, and

(c) this Act and the Community Land Management Act 2021cease to apply to the land.

Division has effect despite other provisions of Act

99 Division has effect despite other provisions of Act

This Division has effect despite any other provision of this Act.

Division 7

Miscellaneous

Division 7 Miscellaneous

100

Compensation on resumption of part of lot

100 Compensation on resumption of part of lot

In assessing compensation on a resumption of part of a lot, the effect of the resumption on the residue of the lot must be taken into account.

101

Compensation on resumption of association or common property

101 Compensation on resumption of association or common property

(1) Only the association or strata corporation in which association property or common property is vested may claim and be awarded compensation for the resumption of the property.

(2) Subsection (1) has effect as if—

(a) the beneficial interests of the members in the property were vested in the association or strata corporation, and

(b) any compensation paid is held by the association or strata corporation in trust for the members according to their beneficial interests immediately before the resumption.

102

Resumption by authority not bound by Act

102 Resumption by authority not bound by Act

(1) If land is resumed by an authority not bound by this Act and otherwise than in compliance with its provisions, an application may be made under this Act for the affected scheme to be varied or terminated.

(2) The application may be made by the association or strata corporation, or any other person, affected by the resumption.

Part 11

Lodgment and functions of Registrar-General

Part 11 Lodgment and functions of Registrar-General

103

Application of Act to electronic plans and documents

103 Application of Act to electronic plans and documents

(1) This section applies to—

(a) plans lodged for the purposes of this Act, and

(b) other documents—

(i) required by or under this or any other Act to be lodged with or to accompany the plans, or

(ii) of a class prescribed by the regulations made under this Act as documents that may be lodged in electronic form.

(2) A required endorsement for a plan lodged electronically is to be included on an approved form lodged with the plan.

(3) A document required to be lodged with a plan must be lodged electronically if the plan is lodged electronically unless the document is exempted by—

(a) the regulations, or

(b) the Registrar-General.

(4) This Act applies to plans and documents lodged electronically—

(a) in the same way as it applies to other plans and documents, and

(b) subject to any modifications prescribed by this Act or the Conveyancing Act 1919 or the regulations under either of those Acts.

(5) A reference in this Act—

(a) to a plan or document includes a reference to an electronic data file containing a plan or document in an electronic form, and

(b) to the lodging of a plan or document includes a reference to the electronic lodging of a plan or document in an electronic form approved by the Registrar-General, and

(c) to a sheet of a plan or document in electronic form, is a reference to a sheet on which the whole or part of the plan or document would be reproduced if the plan or document were converted to hard copy form without re-pagination.

(6) In this section—

required endorsement means any of the following required to authenticate, or to authorise, the registration or recording of a plan—

(a) a signature,

(b) a seal,

(c) a certificate,

(d) a consent.

s 103: Am 2022 No 59, Sch 1.5[4]; 2023 No 35, Sch 1.7.

104

Recordings and notations

104 Recordings and notations

The Registrar-General, when registering an order, plan or other instrument under this Act—

(a) is to make any recordings or notations required under this or any other Act, and

(b) may make any other recordings and notations as the Registrar-General thinks fit.

105

Amendment to registered plans and instruments

105 Amendment to registered plans and instruments

(1) A requirement in this Act to lodge a plan or instrument for registration may, if the Registrar-General considers it appropriate, be satisfied by lodging an amendment to an existing registered plan or instrument.

(2) The Registrar-General may give effect to the amendment by adding to, or substituting part of, the registered plan or instrument and the addition or substitution forms part of the registered plan or instrument.

(3) Part 23, Division 3 of the Conveyancing Act 1919 applies to an amendment to a plan in the same way as it applies to the plan.

106

Replacement sheet or additional sheet for plan, and replacement schedule of unit entitlement

106 Replacement sheet or additional sheet for plan, and replacement schedule of unit entitlement

(1) On registration of an order, plan or other instrument including, or accompanied by—

(a) a replacement sheet for a scheme plan, the Registrar-General is to substitute the replacement sheet for the corresponding sheet of the scheme plan, or

(b) an additional sheet of a detail plan for a scheme plan, the Registrar-General is to file the additional sheet as an additional sheet of the scheme plan, or

(c) a schedule of unit entitlement for a scheme plan, the Registrar-General is to cancel the previous schedule and substitute the replacement as the schedule of unit entitlement for the scheme plan.

(2) Part 23, Division 3 of the Conveyancing Act 1919 applies to a replacement sheet or additional sheet for a plan in the same way as it applies to the plan.

(3) On registration of a replacement sheet or additional sheet for a plan, or a replacement schedule of unit entitlement, the Registrar-General must provide a copy—

(a) if the plan is a community plan, precinct plan or neighbourhood plan within a community scheme, for the community association, and

(b) if the plan is a precinct plan or neighbourhood plan within a precinct scheme, for the precinct association, and

(c) if the plan is a neighbourhood plan, for the neighbourhood association.

(4) If a replacement schedule of unit entitlement is substituted under this section, the Registrar-General must, in addition to providing a copy under subsection (3), provide a copy for the following—

(a) the Valuer-General,

(b) the Chief Commissioner of State Revenue,

(c) any other public authority prescribed by the regulations.

(5) On amending a schedule of unit entitlement, the Registrar-General is to comply with subsections (3) and (4) as if the amended schedule were a replacement schedule of unit entitlement for a plan.

(6) The Registrar-General may provide a copy of a replacement sheet, additional sheet for a plan or a replacement schedule of unit entitlement for any other persons as the Registrar-General thinks fit.

107

Plans for strata subdivision not registrable under this Act

107 Plans for strata subdivision not registrable under this Act

A plan is not registrable under this Act if, in the opinion of the Registrar-General, it is essentially for—

(a) the subdivision of a building into lots, or into lots and common property, even if it includes land outside the building, or

(b) the subdivision of land into lots and common property, if the common property is mainly above or below the lots, or

(c) the subdivision of land into lots with limited height or depth.

108

Registration of amendment of management statement

108 Registration of amendment of management statement

(1) An amendment made under the Community Land Management Act 2021 to a management statement may be registered by the recordings in the Register as the Registrar-General thinks fit.

(2) The Registrar-General may refuse to register an amendment to a management statement unless it is lodged in the approved form together with the prescribed fee.

109

Notice to be given to Valuer-General

109 Notice to be given to Valuer-General

The Registrar-General is to notify the Valuer-General of the date of registration of—

(a) an instrument severing a community development lot from a community scheme, and

(b) an instrument severing a precinct development lot from a precinct scheme, and

(c) a community plan of subdivision, and

(d) a precinct plan of subdivision, and

(e) a neighbourhood plan of subdivision, and

(f) an acquisition plan.

110

Recording of certain orders

110 Recording of certain orders

(1) This section applies to an order made by the Tribunal or a court affecting—

(a) unit entitlement, or

(b) a management statement, or

(c) restricted property.

(2) If a certified copy of an order to which this section applies is lodged with the Registrar-General, the Registrar-General is to make the recordings that, in the opinion of the Registrar-General, are necessary to give effect to the order in—

(a) the Register, and

(b) the schedule of unit entitlement, and

(c) the management statement.

(3) The Registrar-General may refuse to make recordings under subsection (2) unless the copy of the order is accompanied by—

(a) a request in the approved form, and

(b) the prescribed fee.

(4), (5) (Repealed)

(6) In this section—

certified, for a copy of an order, means certified to be a true copy—

(a) for an order of the Tribunal—by the principal registrar of the Tribunal, or

(b) for an order of a court—by the appropriate officer of the court.

s 110: Am 2022 No 59, Sch 1.5[1].

Part 12

Miscellaneous

Part 12 Miscellaneous

111

Functions of associations

111 Functions of associations

The functions of a community association, precinct association or neighbourhood association are specified in the Community Land Management Act 2021.

112

Expiration of initial period

112 Expiration of initial period

(1) A notification of the expiration of the initial period under a community scheme, precinct scheme or neighbourhood scheme may be lodged with the Registrar-General and recorded in the folio for the association property under the scheme.

(2) A notification under subsection (1) must—

(a) be in the approved form, and

(b) be executed under seal by the relevant community association, precinct association or neighbourhood association.

(3) A notification recorded under this section is, in favour of the Registrar-General, conclusive evidence of the expiration of the initial period.

113

Accompanying documents become part of plan on registration

113 Accompanying documents become part of plan on registration

A document accompanying a plan because it is required or permitted to accompany the plan under this Act, becomes, on registration of the plan, part of the plan.

114

Act to bind Crown

114 Act to bind Crown

(1) This Act binds the Crown in right of New South Wales and, to the extent the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

(2) This Act does not bind the Crown in relation to a requirement to obtain a planning approval from a planning authority.

115

Regulations

115 Regulations

(1) The Governor may make regulations not inconsistent with this Act about matters—

(a) this Act requires or permits to be prescribed, or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), regulations may be made about—

(a) development contracts, or

(b) management statements, or

(c) schedules of unit entitlement.

116

Repeals

116 Repeals

The following are repealed—

(a) Community Land Development Act 1989 No 201,

(b) Community Land Development Regulation 2018.

Schedule 1

Plans

Schedule 1 Plans

Sections 12, 15–18 and 96

Schedule 2

Management statements

Schedule 2 Management statements

Sections 12 and 62

Schedule 3

Schedules of unit entitlement

Schedule 3 Schedules of unit entitlement

Sections 12, 15–17, 19, 24, 62 and 96

Schedule 4

Savings, transitional and other provisions

Schedule 4 Savings, transitional and other provisions

Schedule 5

Schedule 5 (Repealed)

sch 5: Rep 1987 No 15, sec 30C.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Community Land Development Act 2021.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Object of Act

The object of this Act is to facilitate the subdivision of land into parcels for separate development or disposition—

(a) with a common or shared property interest in associated land, and

(b) in conjunction with the development of another parcel or parcels.

4 Interpretation

(1) The Dictionary to this Act defines certain terms used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) This Act is to be interpreted as part of the Real Property Act 1900 but, if there is an inconsistency between them, this Act prevails.

(3) For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by a natural feature, railway, public road, public reserve or drainage reserve.

(4) A reference in this Act to any of the following approvals, contracts or statements includes a reference to the approval, contract or statement as modified or amended from time to time in accordance with this or any other Act—

(a) a planning approval,

(b) a development contract,

(c) a community management statement,

(d) a precinct management statement,

(e) a neighbourhood management statement.