COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 107 Amendment of development contract with approval of Land and Environment Court

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 107

107 Amendment of development contract with approval of Land and Environment Court

(1) If an approval by an association or a strata corporation for amendment of a development contract is not available for the purposes of section 16 because--

(a) a motion for giving the approval has been defeated, or

(b) the notice relating to such a motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice, or

(c) the consent of a mortgagee or covenant chargee has been sought but has been refused,

the developer may apply to the Land and Environment Court for an order approving the amendment.

(2) A copy of the application must be served on--

(a) the consent authority, and

(b) the association and, in the case of a community association or precinct association, its subsidiary bodies, and

(c) each person other than the developer who is the proprietor of a development lot, and

(d) each mortgagee and covenant chargee of a development lot.

(3) The Land and Environment Court may--

(a) approve the amendment, or

(b) approve a different amendment, or

(c) refuse to approve the amendment.