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 for further provisions relating to open and private access ways.