• Specific Year
    Any

COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 3

COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 3

SCHEDULE 3 – Community management statement and precinct management statement

(Sections 5, 9)

1 Form of community management statement

A community management statement must be in the approved form, must include the prescribed information, must bear the approval of the consent authority and must not be inconsistent with--

(a) any development contract for the community scheme, or
(b) an Act or law that, by the operation of section 116 of the Community Land Management Act 1989 , applies to any part of the community property that is an open access way,
but, if there is such an inconsistency, the development contract, Act or law prevails.

2 Matters to be included

A community management statement must include by-laws, plans and other particulars relating to--

(a) the location, control, management, use and maintenance of any part of the community property that is an open access way or a private access way, and
(b) the control, management, use and maintenance of any other part of the community property, including any special facilities provided on the community property, and
(c) matters affecting the provision of, and payment for, internal fencing on the community parcel including any obligations of the community association or the subsidiary bodies, and
(d) the storage and collection of garbage on and from the community parcel and any related obligations of the community association or the subsidiary bodies, and
(e) the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services, and
(f) insurance of the community property, and
(g) the executive committee of the community association, the office-bearers of the committee and the functions of the office-bearers, and
(h) meetings of the executive committee, and
(i) voting on a motion submitted to the executive committee otherwise than at a meeting of the committee, and
(j) the keeping of records of proceedings of the executive committee.

3 Optional matters for management statement

(1) A community management statement may include by-laws and other particulars relating to any of the following--
(a) the hanging of washing within the parcel,
(b) safety and security measures,
(c) details of any restricted property,
(d) the keeping of pets,
(e) the obligation of the proprietor of a lot within the scheme not to interfere with the quiet enjoyment of another lot or the community property,
(f) the control of unacceptable noise levels,
(g) details of any business or trading activity to be carried on by the association and the method of distributing and sharing any profit or loss,
(h) the control or preservation of the essence or theme of the development under the scheme,
(i) architectural and landscaping guidelines to be observed by lot owners,
(j) a diagram for the purpose of statutory easements under section 36,
(k) any agreements entered into for the provision of services or recreational facilities,
(l) a plan for the purposes of Part 5 (which relates to access ways within the scheme).
(2) This clause does not limit the matters that may be included in a management statement.

4 By-law required by public authority

(1) A community management statement may include a schedule specifying by-laws made at the request of public authorities.
(2) If a by-law made at the request of a public authority so provides, the by-law may not be amended or revoked without the consent of the public authority.
(3) Subclause (2) has effect despite any other provision of this Act and the provisions of the Community Land Management Act 1989 .

5 Excluded matters

(1) A community management statement must not include any prohibition or restriction that--
(a) affects the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is a proprietor or occupier of a lot, or
(b) affects the use on a lot, or on association property, of an assistance animal by a person with a disability, or
(c) is based on race or creed, or on ethnic or socio-economic grouping, or
(d) excludes public housing from a scheme.
(2) In this clause--


"assistance animal" means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.


"disability" has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.

6 Restricted property

A community management statement that restricts the use of any community property must include--

(a) a description of the property, and
(b) details of the persons entitled to use the property, and
(c) the terms and conditions on which those persons may use the property, and
(d) particulars relating to access to the property and the provision and keeping of any key necessary, and
(e) particulars of the hours during which the property may be used, and
(f) provisions relating to the maintenance of the property, and
(g) matters relating to the determination, imposition and collection of levies on those entitled to use the property.

7 Signature of management statement

A community management statement must have been signed by the developer or an authorised agent of the developer.

8 Precinct management statement

(1) Subject to subclauses (2) and (3), clauses 1-7 apply in relation to a precinct management statement as if the word "community" had been omitted wherever occurring and as if the word "precinct" had been inserted instead.
(2) A precinct management statement must not be--
(a) inconsistent with the community management statement for the community scheme of which the precinct scheme forms part, or
(b) if there is a development contract for the community scheme--inconsistent with the development contract,
but, if there is such an inconsistency, the community management statement, or the development contract, prevails.
(3) A precinct management statement need not include anything already provided for by the community management statement.