COMMUNITY LAND DEVELOPMENT ACT 2021 - As at 12 October 2023 - Act 6 of 2021
- As at 12 October 2023 - Act 6 of 2021Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Object of Act
- 4 Interpretation
- 5 Meaning of "community scheme"
- 6 Meaning of "precinct scheme"
- 7 Meaning of "neighbourhood scheme"
PART 2 - ESTABLISHMENT OF SCHEMES
- 8 Establishment of community scheme
- 9 Establishment of precinct scheme
- 10 Establishment of neighbourhood scheme
- 11 Exclusion of corporations law
- 12 Requirements for scheme plans
- 13 Establishment of subsidiary strata scheme
PART 3 - PLANS AND INSTRUMENTS AFFECTING SCHEMES
Division 1 - Plans of subdivision and consolidation
- 14 Scheme plans of subdivision
- 15 Requirements for scheme plan of subdivision that subdivides or creates lot
- 16 Requirements for scheme plan of subdivision that adds land to scheme parcel
- 17 Scheme plans of consolidation
Division 2 - Community and precinct development lots
- 18 Minor adjustments between development lots and community property
- 19 Severance of a development lot
PART 4 - ASSOCIATION PROPERTY
- 20 Definition
- 21 Vesting of association property
- 22 Shares in association property
- 23 Dealings with association property
- 24 Conversion of lots to association property
- 25 Acquisition of additional association property by transfer
- 26 Acquisition of additional association property by lease
- 27 Lease of certain association property
- 28 Transfer of association property
PART 5 - EASEMENTS AND RESTRICTIONS
Division 1 - Granting or accepting relevant interests
- 29 Definition
- 30 Association may grant or accept relevant interest
- 31 Dealings to grant or accept relevant interest
Division 2 - Statutory easements
- 32 Definitions
- 33 Meaning of "statutory easement"
- 34 Creation of statutory easement
- 35 Service line provider has benefit of statutory easement
- 36 Implied covenants
- 37 Service line completed after creation of statutory easement
- 38 Developer to give copy of prescribed diagram to association
- 39 Registrar-General may make recordings
- 40 Division does not affect other rights or obligations
PART 6 - ACCESS TO SCHEMES
- 41 Setting apart access way in association property
- 42 Special resolution required for closure of open access way
- 43 Access ways remain as association property
- 44 Effect of access ways in relation to certain rights
PART 7 - DEVELOPMENT CONTRACTS
- 45 Definitions
- 46 Form and content
- 47 Planning approval
- 48 Variation of liability for association property expenses
- 49 Binding effect
- 50 Amendment with approval of planning authority and association
- 51 Notice of decision of planning authority and appeal
- 52 Amendment with approval of Court
- 53 Registration of amendment
- 54 Orders of the Court for breach
- 55 Development concerns
- 56 Right to complete permitted development
- 57 Meetings of association relating to development concerns
- 58 Conclusion of development contract
PART 8 - AMALGAMATION OF SCHEMES
- 59 Amalgamation with subsidiary precinct or neighbourhood scheme
- 60 Public notice of proposed amalgamation
- 61 Application for amalgamation of schemes
- 62 Matters to accompany application
- 63 Consequences of registration of amalgamation of schemes
- 64 Regulations for purposes of this Part
PART 9 - VARIATION OR TERMINATION OF SCHEME
Division 1 - Variation or termination by Supreme Court
- 65 Variation or termination of scheme
- 66 Variation of associated development contract
- 67 Application to Supreme Court
Division 2 - Termination by Registrar-General
- 68 Termination of scheme by Registrar-General
- 69 Making application for termination
- 70 Consequences of termination order by the Registrar-General
PART 10 - RESUMPTIONS
Division 1 - Preliminary
- 71 Definitions
- 72 Application of Part
Division 2 - Applications to Supreme Court
- 73 Resuming authority must apply to Supreme Court
- 74 Notice of application to the Supreme Court
- 75 Application may be treated as application to vary or terminate scheme
- 76 Hearing of application
- 77 Costs
- 78 Orders take effect on registration
Division 3 - Notice of resumption
Division 4 - Plans and instruments to be lodged with Registrar-General
- 81 Definition
- 82 Lodgment of plans
- 83 When registered plan takes effect
- 84 Registrar-General may make recordings and notations
- 85 Resumption of whole parcel
- 86 Resumption of entire lot with exclusion from scheme
- 87 Resumption of part of lot without exclusion from scheme
- 88 Resumption of part of lot with exclusion from scheme
- 89 Resumption of part of association property
- 90 Resumption of part of common property
Division 5 - Effect of resumption
- 91 Exclusion of resumed land from scheme
- 92 Interest in association or common property
- 93 Continuation of resumed land within scheme
Division 6 - Sale as alternative to resumption
- 94 Definition
- 95 Use of acquisition plan to acquire land
- 96 Grounds for refusing to register acquisition plan
- 97 Sale of association property using acquisition plan
- 98 Effect of registration of transfer
- 99 Division has effect despite other provisions of Act
Division 7 - Miscellaneous
- 100 Compensation on resumption of part of lot
- 101 Compensation on resumption of association or common property
- 102 Resumption by authority not bound by Act
PART 11 - LODGMENT AND FUNCTIONS OF REGISTRAR-GENERAL
- 103 Application of Act to electronic plans and documents
- 104 Recordings and notations
- 105 Amendment to registered plans and instruments
- 106 Replacement sheet or additional sheet for plan, and replacement schedule of unit entitlement
- 107 Plans for strata subdivision not registrable under this Act
- 108 Registration of amendment of management statement
- 109 Notice to be given to Valuer-General
- 110 Recording of certain orders
PART 12 - MISCELLANEOUS
- 111 Functions of associations
- 112 Expiration of initial period
- 113 Accompanying documents become part of plan on registration
- 114 Act to bind Crown
- 115 Regulations
- 116 Repeals
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4 Schedule 5 (Repealed)
- Dictionary