New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 34

34 Sale as alternative to resumption

(1) A resuming authority may, as an alternative to a resumption by the authority of part of the land in a community scheme, precinct scheme or neighbourhood scheme:

(a) register an acquisition plan, and

(b) purchase the land in the acquisition plan.

(2) The Registrar-General may refuse to register an acquisition plan unless:

(a) the plan bears a statement to the effect that, on being transferred to the resuming authority, the land is excluded from the related scheme, and

(b) applicable documents referred to in subsection (3) are lodged with the plan, and

(c) any replacement sheet (other than a replacement sheet for a schedule of unit entitlements) or additional sheet required to be lodged with the plan complies with Schedule 1.

(3) The documents required to be lodged for registration with an acquisition plan are:

(a) if the plan is for, or includes, a subdivision of association property-a replacement sheet for the community property plan, precinct property plan or neighbourhood property plan showing the altered boundaries of the association property, and

(b) if the plan is for, or includes, a subdivision of a development lot or neighbourhood lot-an additional sheet of the detail plan for the community plan, precinct plan or neighbourhood plan showing the altered boundaries of the lot, and

(c) if the plan is for, or includes, a subdivision of a community development lot-a replacement sheet that complies with Schedule 11 as if it were an initial schedule of unit entitlements and is a replacement sheet for the initial or revised schedule of unit entitlements for the community plan, and

(d) if the plan is for, or includes, a subdivision of a precinct development lot-replacement sheets that comply with Schedule 11 as if they were initial schedules of unit entitlements and are replacement sheets for the initial or revised schedules of unit entitlements for the precinct plan and community plan, and

(e) if the plan is for, or includes, a subdivision of a neighbourhood lot within a community scheme-replacement sheets that comply with Schedule 11 as if they were initial schedules of unit entitlements and are replacement sheets for the initial or revised schedules of unit entitlements for the neighbourhood plan, any precinct plan and the community plan for the scheme or schemes under which the neighbourhood scheme is a subsidiary scheme, and

(f) if the plan is for, or includes, a subdivision of a neighbourhood lot that is not within a community scheme-a replacement sheet that complies with Schedule 11 as if it were an initial schedule of unit entitlements and is a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan, and

(g) if an amendment of a development contract is to be registered for the purposes of section 16 of the Community Land Management Act 1989 -a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.

(4) An association may sell part of its association property to a resuming authority if:

(a) the part to be sold is included in an acquisition plan, and

(b) the sale is authorised by a special resolution of the association.

(5) The Registrar-General may refuse to register a transfer of association property included in an acquisition plan unless the transfer is accompanied by a certificate that:

(a) is in the approved form and is given under the seal of the association, and

(b) is to the effect that the sale has been approved by a special resolution of the association.

(6) On the registration of a transfer to a resuming authority of land in an acquisition plan:

(a) any interest in restricted property that benefits or burdens the land is extinguished, and

(b) if any of the land is association property-it ceases to be association property, and

(c) this Act and the Community Land Management Act 1989 cease to apply to the land.

(7) This section has effect despite any other provision of this Act.