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COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 12

COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 12

SCHEDULE 12 – Transitional provisions

(Section 74)

Part 1 - Transitional regulations

1 Regulations

(1) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act or any other Act that amends this Act.
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the appointed day or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.
(4) If the regulations so provide, a provision referred to in subclause (1) has effect despite any other clause of this Schedule.

Part 2 - Conversion of certain schemes

2 Conversion to neighbourhood scheme of land in deposited plan

(1) In this clause--


"shared lot" means a lot in a deposited plan lodged for registration, or registered, before the commencement of this clause, being a lot that has a similar status in relation to the proprietors of the other lots in the deposited plan as it would have if the deposited plan were a neighbourhood plan and the shared lot were the neighbourhood property in the neighbourhood plan.
(2) Land in a deposited plan that includes a shared lot may be converted to land that is subject to a neighbourhood scheme by the registration under section 18 of a neighbourhood plan that--
(a) shows the shared lot as neighbourhood property, and
(b) shows each of the other lots in the deposited plan as a neighbourhood lot illustrated with the same measurements, and otherwise in the same way, as the corresponding lot is illustrated in the deposited plan, and
(d) bears the consent of each proprietor of a lot in the deposited plan (including the shared lot), and
(e) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in such a lot, and
(f) is accompanied by such other information as the Registrar-General may require.
(3) The development contract that would otherwise be required by section 18 (4) need not be lodged with the plan unless application for registration of the plan is made by the developer.

3 Conversion to community scheme of land in deposited plans and strata plans

(1) Contiguous land of which part is in a deposited plan and part in a strata plan may, if the plans were registered, or lodged for registration, before the commencement of this clause, be converted to land in a community scheme by the registration under section 5 of a community plan that--
(a) shows as a lot the land that is to become community property, and
(b) shows as a development lot each strata parcel not affected by paragraph (a), and
(c) shows as a development lot the residue of each strata parcel affected by paragraph (a), and
(d) shows the contiguous land in the deposited plan as a development lot, or development lots, with related association property, and
(g) bears the consent, given by a unanimous resolution, of the body corporate under the strata scheme, and
(h) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in land that would become a strata lot or development lot within the community scheme, and
(i) is accompanied by such other information as the Registrar-General may require.
(2) A strata plan that, before registration of the community plan, had subdivided land shown in the community plan as a development lot referred to in subclause (1) (b) is to be taken to have effected the subdivision on registration of the community plan.
(3) If the community plan includes a development lot referred to in subclause (1) (c)--
(a) the strata plan is to be taken to have effected the subdivision on registration of the community plan, and
(b) the Registrar-General is to make a recording in the folio for the common property for the strata scheme to the effect that the identity of the strata parcel has been redefined by the community plan.
(4) The conversion under this clause of any common property to community property--
(a) vests the community property in the community association without any further assurance, and
(b) does not of itself give rise to any liability for stamp duty.
(5) On registration of a community plan referred to in this clause, the Registrar-General may make in the folio for the common property in a strata scheme forming part of the community scheme such notations as the Registrar-General thinks fit in relation to the establishment of the community scheme.

4 Conversion to a neighbourhood scheme of land in an open space strata plan

(1) In this clause--


"open space strata plan" means a strata plan that--
(a) was registered, or lodged for registration, before the commencement of this clause, and
(b) includes common property, and
(c) in the opinion of the Registrar-General, is not essentially for the subdivision of buildings into lots.
(2) The strata scheme to which the land in an open space strata plan is subject may be converted to a neighbourhood scheme by the registration under section 18 of a neighbourhood plan that--
(a) shows the common property in the strata scheme (other than land above or below a lot) as neighbourhood property, and
(b) if any common property comprises land above or below a lot--shows the common property either as part of the lot or as neighbourhood property, and
(c) shows each lot and related common property referred to in paragraph (b) in the open space strata plan as a neighbourhood lot, and
(e) bears the consent of each proprietor of a lot in the open space strata plan, and
(f) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in such a lot, and
(g) is accompanied by a certificate of a registered surveyor to the effect that the lots and common property have been reconstituted as lots and neighbourhood property under the neighbourhood scheme, and
(h) is accompanied by such other information as the Registrar-General may require.
(3) The development contract that would otherwise be required by section 18 (4) need not be lodged with the plan unless the application for registration of the plan is made by the developer.
(4) On the registration of a neighbourhood plan converting a strata scheme to a neighbourhood scheme under this clause, the Registrar-General is to--
(a) cancel the folios for the lots and common property in the strata scheme, and
(b) create new folios for neighbourhood lots and neighbourhood property in accordance with the neighbourhood plan.
(5) On the conversion of a strata scheme to a neighbourhood scheme in accordance with this clause, the strata scheme is terminated and the neighbourhood association is constituted as a continuation of, and the same legal entity as, the strata corporation under the terminated scheme.

5 Conversion of contiguous strata schemes to a community scheme

(1) Land in contiguous strata schemes may be converted to land that is subject to a community scheme by the registration under section 5 of a community plan that--
(a) shows as a lot so much of the common property in the strata schemes as is to become community property under the community scheme, and
(b) shows as a development lot each strata parcel not affected by paragraph (a), and
(c) shows as a development lot the residue of each strata parcel affected by paragraph (a), and
(e) bears the signed consent, given by a unanimous resolution of each owners corporation constituted under the Strata Schemes Management Act 1996 for the strata schemes, and
(f) bears the signed consent of each mortgagee, chargee and covenant chargee having and each caveator claiming, an interest in land that would become a strata lot within the community scheme, and
(g) is accompanied by such other information as the Registrar-General may require.
(2) A strata plan that, before registration of the community plan, had subdivided land shown in the community plan as a development lot referred to in subclause (1) (b) is to be taken to have effected the subdivision on registration of the community plan.
(3) If the community plan includes a development lot referred to in subclause (1) (c)--
(a) the strata plan is to be taken to have effected the subdivision on registration of the community plan, and
(b) the Registrar-General is to make a recording in the folio for the common property for the strata scheme to the effect that the identity of the strata parcel has been redefined by the community plan.
(4) The conversion under this clause of common property to community property--
(a) vests the community property in the community association without any further assurance, and
(b) does not of itself give rise to any liability for stamp duty.
(5) The Registrar-General may refuse to register a community plan referred to in this section if it subdivides a lot in a strata plan.
(6) On registration of a community plan referred to in this clause, the Registrar-General may make in the folio for common property in a strata scheme forming part of the community scheme such notations as the Registrar-General thinks fit in relation to the establishment of the community scheme.

6 Existing development consents

Development consent to a conversion to a community scheme or a neighbourhood scheme under this Part is not required if--

(a) development consent for the development proposed to be converted was in force immediately before the commencement of this clause, and
(b) the conversion would not constitute a new development.

7 Release of more than one easement etc by single instrument

(1) In this clause, a reference to an applicable interest in land is a reference to an easement, restriction on the use of land or positive covenant that burdens or benefits the land.
(2) Instead of being released by the registration of separate instruments, more than one applicable interest in land proposed to be converted in accordance with this Part to land the subject of a community scheme or neighbourhood scheme may be released by the registration with the community plan or neighbourhood plan effecting the conversion of an instrument that--
(a) is in the approved form and includes the prescribed information, and
(b) bears the signed consent of each person who, but for this clause, would be required to join in separate instruments in order to effect the release of those interests.

8 Powers of Registrar-General

(1) The Registrar-General--
(a) may waive a requirement of this Part, or
(b) may make any recording in the Register that the Registrar-General thinks necessary in order to give effect to this Part, or
(c) if the Registrar-General thinks fit to do so--refuse registration under this Part, or
(d) give effect to any conversion to a community scheme or neighbourhood scheme provided for by regulations made under clause 1.
(2) The Registrar-General may accept lodgment of a plan despite section 195B (a) of the Conveyancing Act 1919 .

Part 3 - Community Land Development Amendment Act 1996

9 Validation

Anything done before a provision of this Act was amended by the Community Land Development Amendment Act 1996 that would have been valid if that provision as so amended had been in force when it was done is taken to have been validly done.