Community Land Development Act 2021
15Requirements for scheme plan of subdivision that subdivides or creates lot
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15 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—