NSWIn ForceAct
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.
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> > (2) The plan—
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> > > (a) must comply with Schedule 1, and
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> > > (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
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> > > (c) must include a replacement schedule of unit entitlement for the scheme that complies with Schedule 3, and
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> > > (d) if it is necessary to amend a registered development contract to give effect to the plan, must be accompanied by—
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> > > > (i) a request for registration of the amendment to the development contract in the approved form, and
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> > > > (ii) any documents prescribed by the regulations, and
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> > > (e) if a neighbourhood lot is being subdivided and it is held by the original owner, must not be registered unless—
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> > > > (i) the initial period has expired, or
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> > > > (ii) there is a development contract in force and the dealing is in accordance with the development contract, or
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> > > > (iii) the dealing has been authorised by the Tribunal.
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> > (3) The plan, if it subdivides or creates association property—
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> > > (a) must include a replacement sheet for the association property plan showing the altered boundaries of the association property, and
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> > > (b) must be accompanied by a certificate (the association certificate) in the approved form, and
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> > > (c) must not be registered unless—
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> > > > (i) the initial period has expired, or
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> > > > (ii) there is a development contract in force and the plan is in accordance with the contract, or
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> > > > (iii) the plan has been authorised by the Tribunal.
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> > (4) The association certificate must be under the seal of the association and be to the effect that—
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> > > (a) execution of the plan was authorised by special resolution, and
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> > > (b) any interest in the land has been released if—
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> > > > (i) the plan has not been made subject to the interest, and
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> > > > (ii) the interest is not a statutory interest or an interest recorded in the Register, and
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> > > > (iii) the association has notice of the interest, and
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> > > (c) land ceasing to be association property will no longer be affected by a by-law restricting the use of association property.
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> > (5) A development lot or neighbourhood lot created by a subdivision of association property ceases to be association property.