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Planning, Development and Infrastructure (General) Regulations 2017
Div 6APrescribed conditions—community title land division
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Division 6A—Prescribed conditions—community title land division
85A—Prescribed condition—driveways and private roads
(1) The condition set out in subregulation (2) is prescribed for the purposes of section 138(1) of the Act in relation to a division of land under the Community Titles Act 1996 in respect of which a scheme description is required to be lodged with the Registrar‑General under that Act.
Section 15 of the Community Titles Act 1996 provides that there is no need to lodge a scheme description with the Registrar‑General if—
(a) the plan of community division under that Act—
(i) does not create more than 6 community lots (or such other number as is prescribed by regulation under that Act); and
(ii) does not create a development lot; and
(b) each of the community lots is intended to be used solely or predominantly for residential purposes.
(2) The construction of common property comprising a driveway or private road on the land which is proposed to be divided, including any access points to or from the driveway or road, must be completed.
common property has the same meaning as in the Community Titles Act 1996.