41Setting apart access way in association property

#### 41 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](/view/html/inforce/current/act-2021-007) for further provisions relating to open and private access ways.