NSWIn ForceAct
Community Land Development Act 2021
19Severance of a development lot
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#### 19 Severance of a development lot
19 Severance of a development lot
> > (1) An instrument in the approved form may be used to—
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> > > (a) sever a community development lot from a community scheme, or
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> > > (b) sever a precinct development lot from a precinct scheme.
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> > (2) The instrument—
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> > > (a) must be signed by the owner of the lot and by the association, and
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> > > (b) must be accompanied by a replacement schedule of unit entitlement that complies with Schedule 3 for—
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> > > > (i) the community scheme, and
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> > > > (ii) if the severed lot is a precinct development lot, the precinct scheme, and
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> > > (c) must be accompanied by a certificate of the planning authority signifying its consent to the severance, and
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> > > (d) must be accompanied by a certificate under seal to the effect that consent to the severance has been given by special resolution—
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> > > > (i) for a community development lot, by the community association, or
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> > > > (ii) for a precinct development lot, by the community association and the precinct association, and
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> > > (e) must be accompanied by the consent of each mortgagee, chargee or covenant chargee of the lot, and
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> > > (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.
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> > (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—
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> > > (a) to give effect to the severance, and
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> > > (b) to preserve subsisting interests recorded in the folio.
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> > (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](/view/html/inforce/current/act-1919-006).