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COMMUNITY LAND DEVELOPMENT ACT 2021 - As at 12 October 2023 - Act 6 of 2021

- As at 12 October 2023 - Act 6 of 2021

Table 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

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

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

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

  • 79 Notice of resumption
  • 80 When notice is required to apply to whole parcel

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

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