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Community Land Development Act 2021
50Amendment with approval of planning authority and association
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#### 50 Amendment with approval of planning authority and association
50 Amendment with approval of planning authority and association
> > (1) A development contract may be amended by the developer but the amendment is ineffective unless—
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> > > (a) this section has been complied with in relation to the amendment, and
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> > > (b) the amendment is registered.
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> > (2) A proposed amendment to a development contract may not be made unless it is approved—
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> > > (a) by the planning authority, and
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> > > (b) by the relevant association.
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> > (3) The approval of the relevant association must be by—
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> > > (a) unanimous resolution, if the proposed amendment involves a change in—
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> > > > (i) the basic architectural or landscaping design of the development, or
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> > > > (ii) the essence or theme of the development, or
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> > > (b) resolution, if the proposed amendment gives effect only to—
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> > > > (i) a change in the law, or
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> > > > (ii) a change in the requirements of the planning authority, or
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> > > (c) special resolution, in any other case.
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> > (4) For the purposes of this section, an approval given under this Part by the Land and Environment Court to an amendment of a development contract has the same effect as if the approval were given by an association.
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> > (5) A planning authority that approves an amendment of a development contract must provide the applicant for the approval with—
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> > > (a) a copy of the instruments, plans and drawings that describe and illustrate the amendment, and
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> > > (b) a certificate to the effect that—
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> > > > (i) the copy describes and illustrates the approved amendment, and
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> > > > (ii) the development contract, if amended as approved by the authority, would not be inconsistent with the related planning approval.