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

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