COMMUNITY LAND DEVELOPMENT ACT 1989 - As at 11 October 2021 - Act 201 of 1989

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 3A Application of Act to electronic form plans and other documents
• 4 Object and application of Act

PART 2 - COMMUNITY SCHEMES AND PRECINCT SCHEMES

• 5 Community plan
• 6 Adjustment of boundaries of a community development lot
• 7 Consolidation of community development lots
• 8 Subdivision of a community development lot by a community plan of subdivision
• 9 Subdivision of a community development lot by a precinct plan
• 10 Adjustment of boundaries of a precinct development lot
• 11 Consolidation of precinct development lots
• 12 Subdivision of a precinct development lot by a precinct plan of subdivision
• 13 Subdivision of a development lot by a neighbourhood plan or strata plan
• 14 Conversion of a development lot to community property or precinct property
• 15 Severance of a development lot
• 16 Taking on lease of additional association property
• 17 Lease of certain association property

PART 3 - NEIGHBOURHOOD SCHEMES

• 18 Neighbourhood scheme other than subsidiary scheme
• 19 Consolidation of neighbourhood lots
• 20 Conversion of a neighbourhood lot to neighbourhood property
• 21 Dedication of neighbourhood property
• 22 Subdivision of neighbourhood lots and related neighbourhood property
• 23 Acquisition of additional neighbourhood property
• 24 Lease or transfer by neighbourhood association

PART 4 - COMMUNITY SCHEMES, PRECINCT SCHEMES AND NEIGHBOURHOOD SCHEMES

• 25 Incorporation of associations
• 26 Development contract
• 27 Registration of amendment of development contract
• 28 Expiration of initial period
• 29 Unit entitlements
• 30 Revised schedule of unit entitlements
• 31 Vesting of association property
• 32 Shares in association property
• 33 Dealings with association property
• 34 Sale as alternative to resumption
• 35 Creation, release and variation of easements or restrictions
• 36 Statutory easement
• 37 Replacement sheet or additional sheet for a plan
• 38 Simplification of schedule of unit entitlements
• 39 Registration of amendment of management statement
• 40 Recording of certain orders

PART 5 - ACCESS TO SCHEMES

Division 1 - Open access ways

• 41 Open access way in community property
• 42 Open access way in precinct property
• 43 Open access way in neighbourhood property that is not part of a community scheme
• 43A Open access way in neighbourhood property that is part of a community scheme
• 43B Unanimity required for closure of open access way

Division 2 - Private access ways

• 44 Private access way in community property
• 45 Private access way in precinct property
• 46 Private access way in neighbourhood property

Division 3 - General

• 47 Access ways remain as association property
• 48 Effect of access ways in relation to certain rights

PART 6 - RESUMPTIONS

• 49 Application of Part
• 50 Notice of resumption
• 51 Cases in which parcel must be resumed
• 52 Resumption of parcel
• 53 Resumption of land not part of association property or common property
• 54 Resumption of entire lot--application under Real Property Act 1900
• 55 Resumption of part of lot without exclusion from scheme
• 56 Plan of part of lot not excluded on resumption
• 57 Resumption of part of lot with exclusion from scheme
• 58 Plan to be lodged for resumption of part of lot to be excluded
• 59 Resumption of part of association property or common property
• 60 Resumption application affecting some association property or common property
• 61 Interest in association property or common property
• 62 Notice of application to the Supreme Court
• 63 Application may be treated as application to vary or terminate scheme
• 64 Costs
• 65 Compensation on resumption of part of lot
• 66 Compensation on resumption of association property or common property
• 67 Resumption by authority not bound by Act
• 68 Exclusion of resumed land from scheme
• 69 Continuation of resumed land within scheme

PART 7 - VARIATION OR TERMINATION OF SCHEME

• 70 Variation or termination of scheme by Supreme Court
• 71 Proceedings on application to Supreme Court for variation or termination of scheme
• 72 Termination of certain neighbourhood schemes by the Registrar-General
• 73 Consequences of termination order by the Registrar-General

PART 8 - GENERAL

• 74 Transitional provisions
• 75 Regulations
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 7
• SCHEDULE 8
• SCHEDULE 9
• SCHEDULE 10
• SCHEDULE 11
• SCHEDULE 12