NSWIn ForceAct
Community Land Development Act 2021
65Variation or termination of scheme
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#### 65 Variation or termination of scheme
65 Variation or termination of scheme
> > (1) The Supreme Court may vary or terminate a scheme if satisfied that—
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> > > (a) the continuation of the scheme is impracticable, or
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> > > (b) if the scheme is a staged scheme, completion of the staged scheme has become impracticable.
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> > (2) The Supreme Court may terminate a scheme and any subsidiary scheme if an application to terminate the scheme is made by—
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> > > (a) the association for the scheme and each subsidiary body, and
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> > > (b) each owner of a lot within the scheme and any subsidiary scheme, and
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> > > (c) each registered mortgagee, chargee and covenant chargee of a lot within the scheme and any subsidiary scheme.
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> > (3) An order of the Supreme Court varying or terminating a scheme may provide for any 1 or more of the following—
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> > > (a) the adjustment, exercise and discharge of rights and liabilities under the scheme of an association and its members,
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> > > (b) disposal of the assets of an association or of a strata corporation that is a member of an association,
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> > > (c) the vesting of estates or interests in land within the scheme,
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> > > (d) the winding up of an association or of a strata corporation that is a member of an association,
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> > > (e) a variation of unit entitlement in accordance with a new valuation,
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> > > (f) the amendment of the management statement for the scheme,
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> > > (g) the registration of a new plan or reversion to a former plan,
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> > > (h) any other matter the Court considers to be appropriate, just and equitable in the circumstances.
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> > (4) If the Supreme Court orders termination of a scheme, the parcel that was subdivided to constitute the scheme is, for the purposes of section 23F of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), reinstated as a lot in a current plan.
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> > (5) Subsection (4) does not apply if the Supreme Court orders the lodgment for registration of a current plan for the parcel.
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> > (6) In this section—
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> > staged scheme means a scheme for which a development contract is in force.