New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 3

3 Definitions

(1) In this Act:
"acquisition plan" means a deposited plan that:

(a) is lodged for registration as a current plan, and

(b) shows the parts of lots and association property within a scheme that are to be purchased by a resuming authority under section 34 of the Community Land Development Act 1989 .

"Adjudicator" means a Community Schemes Adjudicator appointed under section 109H.
"approved form" means the form approved by the Director-General for the purposes of each provision of this Act in which the expression appears.
"association" means a community association, a precinct association or a neighbourhood association.
"association property" means:

(a) in relation to a community scheme-the community property in the scheme, or

(b) in relation to a precinct scheme-the precinct property in the scheme, or

(c) in relation to a neighbourhood scheme-the neighbourhood property in the scheme.

"by-laws" means:

(a) in relation to a scheme other than a strata scheme-by-laws included in the management statement in force for the scheme, or

(b) in relation to a strata scheme-by-laws in force for the scheme under the Strata Schemes Management Act 1996 .

"common property" means the common property in a strata scheme as defined in the Strata Schemes (Freehold Development) Act 1973 .
"community association" means the corporation that:

(a) is constituted under section 25 of the Community Land Development Act 1989 on the registration under that Act of a community plan, and

(b) is established as a community association by section 5.

"community development lot" means a lot in a community plan that is not community property, a public reserve or a drainage reserve and is not land that has become subject to a subsidiary scheme or a lot that has been severed from the community scheme.
"community management statement" means a statement that is registered with a community plan as a statement of the by-laws and other particulars governing participation in the community scheme.
"community parcel" means land the subject of a community scheme.
"community plan" means a plan for the subdivision of land into 2 or more community development lots and 1 other lot that is community property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.
"community plan of consolidation" means a plan for the consolidation of 2 or more, but not all, of the community development lots in a community plan.
"community plan of subdivision" means a plan (other than an acquisition plan) for the subdivision of a community development lot into 2 or more community development lots and no other lot or lots.
"community property" means the lot shown in a community plan as community property.
"community roll" means the roll required by section 25 to be maintained by a community association.
"community scheme" means:

(a) the manner of subdivision of land by a community plan, and

(b) if land in the community plan is subdivided by a precinct plan-the manner of subdivision of the land by the precinct plan, and

(c) the manner of subdivision of land in the community plan, or of land in such a precinct plan, by a neighbourhood plan or a strata plan, and

(d) the proposals in any related development contract, and

(e) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes (Freehold Development) Act 1973 in relation to the community association, its community property, the subsidiary schemes and persons having interests in, or occupying, development lots and lots in the subsidiary schemes.

"company nominee", in relation to a corporation, means the person named in a notice under section 47 as the nominee authorised by the corporation under section 111 to exercise its voting rights.
"consent authority", in relation to the giving of an approval, a consent or a certificate, means the council that has as a function the giving of the approval, consent or certificate under the Environmental Planning and Assessment Act 1979 or Chapter 7 of the Local Government Act 1993 .
"current plan" means a registered plan that is a current plan within the meaning of the Conveyancing Act 1919 but is not a plan that, under the Strata Schemes (Freehold Development) Act 1973 , is a strata plan, a strata plan of subdivision or a strata plan of consolidation.
"deposited plan" means a plan of division of land that is prepared for the purposes of the Community Land Development Act 1989 , is not required to be registered under the Strata Schemes (Freehold Development) Act 1973 and is registered after being lodged at the office of the Registrar-General in accordance with Division 3 of Part 23 of the Conveyancing Act 1919 .
"Deputy Registrar" means a Deputy Registrar of the Tribunal.
"developer" means:

(a) in relation to a community scheme-the person who, for the time being, is the registered proprietor of a community development lot in the community plan, or

(b) in relation to a precinct scheme-the person who, for the time being, is the registered proprietor of a precinct development lot in the precinct plan, or

(c) in relation to a neighbourhood scheme-the original proprietor of the neighbourhood parcel.

"development", in relation to land, means:

(a) the erection of a building on the land, or

(b) the carrying out of a work in, on, under or over the land, or

(c) the use of the land or of a building or work on the land, or

(d) the subdivision of the land,

not excluded by regulations under the Environmental Planning and Assessment Act 1979 from the definition of "development" in that Act.
"development application" means an application under Division 1 of Part 4 of the Environmental Planning and Assessment Act 1979 for consent to carry out development.
"development consent" means consent under Division 1 of Part 4 of the Environmental Planning and Assessment Act 1979 to carry out development.
"development contract" means instruments, plans and drawings that are registered with a community plan, precinct plan or neighbourhood plan and describe the manner in which it is proposed to develop the land in a community plan, precinct plan or neighbourhood plan to which they relate.
"development lot" means a community development lot or a precinct development lot that has not been severed under section 15 of the Community Land Development Act 1989 from the applicable scheme.
"Director-General" means:

(a) the Commissioner for Fair Trading, Department of Commerce, or

(b) if there is no such position in that Department, the Director-General of that Department.

"drainage reserve" means land that is set aside as a drainage reserve, under section 49 of the Local Government Act 1993 .
"folio" means folio of the Register.
"former development lot" means a precinct parcel, neighbourhood parcel or strata parcel that, before it became subject to the precinct scheme, neighbourhood scheme or strata scheme, was a development lot.
"initial period" means, in relation to:

(a) a strata scheme-the initial period defined in the Strata Schemes Management Act 1996 , or

(b) a neighbourhood scheme-the period that commences when the neighbourhood association is constituted and ends when the sum of the unit entitlements of lots in the neighbourhood scheme of which the original proprietor is not the proprietor is at least one-third of the total unit entitlement under the neighbourhood scheme, or

(c) a precinct scheme-the period that commences when the precinct association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the precinct scheme, or

(d) a community scheme-the period that commences when the community association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the community scheme.

"interim order" means an interim order made by an Adjudicator under section 72.
"land" means contiguous land held under the Real Property Act 1900 in fee simple, no part of which is land in a qualified or limited folio and which:

(a) is a lot or portion, or 2 or more lots or portions, in a current plan, or

(b) is land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919 , or

(c) is land referred to in both paragraph (a) and paragraph (b).

"management statement" means a community management statement, a precinct management statement or a neighbourhood management statement.
"managing agent", in relation to an association, means a person who is, within the meaning of the Property, Stock and Business Agents Act 2002 , the community managing agent for the association.
"mortgage" means a charge (other than a statutory interest or a covenant charge) on land for securing the payment of money or money’s worth.
"neighbourhood association" means the corporation that:

(a) is constituted under section 25 of the Community Land Development Act 1989 on the registration of a neighbourhood plan, and

(b) is established as a neighbourhood association by section 7.

"neighbourhood lot" means land that is a lot in a neighbourhood plan but is not neighbourhood property, a public reserve or a drainage reserve.
"neighbourhood management statement" means a statement that is registered with a neighbourhood plan as a statement of the by-laws and other particulars governing participation in the neighbourhood scheme.
"neighbourhood parcel" means land the subject of a neighbourhood scheme.
"neighbourhood plan" means a plan (other than a community plan, a precinct plan or a strata plan) for the subdivision of land into 2 or more lots for separate occupation or disposition and 1 other lot that is neighbourhood property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.
"neighbourhood plan of consolidation" means a plan for the consolidation of 2 or more, but not all, of the neighbourhood lots in the same neighbourhood plan.
"neighbourhood plan of subdivision" means a plan that is not a strata plan or an acquisition plan and is:

(a) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 2 or more different neighbourhood lots, or

(b) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 1 or more different neighbourhood lots and related neighbourhood property, or

(c) for the subdivision of 1 or more neighbourhood lots and neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more different neighbourhood lots and related neighbourhood property, or

(d) for the subdivision of neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more neighbourhood lots and related neighbourhood property.

"neighbourhood property" means the lot shown in a neighbourhood plan as neighbourhood property.
"neighbourhood roll" means the roll required by section 25 to be maintained by a neighbourhood association.
"neighbourhood scheme" means:

(a) the manner of subdivision of land by a neighbourhood plan, and

(b) the proposals in any related development contract, and

(c) the rights conferred, and the obligations imposed, by or under this Act and the Community Land Development Act 1989 in relation to the neighbourhood association, the neighbourhood property and the proprietors and other persons having interests in, or occupying, the neighbourhood lots.

"notice of resumption" means a notice, notification or other instrument on publication of which land is resumed.
"open access way" means an open access way set apart under Part 5 of the Community Land Development Act 1989 .
"ordinary resolution" means a resolution passed:

(a) except on a poll-by a majority in number of the votes cast, or

(b) on a poll-by a majority in value of the votes cast.

"original proprietor", in relation to land, means the registered proprietor in fee simple of the land at the time of registration of a community plan, precinct plan or neighbourhood plan subdividing the land.
"personal property", in relation to an association, includes (but is not limited to) association rolls, books of account and other records.
"precinct association" means the corporation:

(a) constituted by section 25 of the Community Land Development Act 1989 on the registration of a precinct plan, and

(b) established as a precinct association by section 6 of this Act.

"precinct development lot" means a lot in a precinct plan that is not precinct property, a public reserve or a drainage reserve and is not land that has become subject to a subsidiary scheme or a lot that has been severed from the precinct scheme.
"precinct management statement" means a statement that is registered with a precinct plan as a statement of the by-laws and other particulars governing participation in the precinct scheme.
"precinct parcel" means land the subject of a precinct scheme.
"precinct plan" means a plan for the subdivision of the land in a community development lot into 2 or more precinct development lots and 1 other lot that is precinct property, whether or not the plan includes land that, on registration of the plan, would be dedicated as a public road, a public reserve or a drainage reserve.
"precinct plan of consolidation" means a plan for the consolidation of 2 or more, but not all, of the precinct development lots in the same precinct plan.
"precinct plan of subdivision" means a plan (other than an acquisition plan) for the subdivision of a precinct development lot into 2 or more precinct development lots and no other lot or lots.
"precinct property" means the lot shown in a precinct plan as precinct property.
"precinct roll" means the roll required by section 25 to be maintained by a precinct association.
"precinct scheme" means:

(a) the manner of subdivision of land by a precinct plan, and

(b) the manner of subdivision of land in the precinct plan by a neighbourhood plan or a strata plan, and

(c) the proposals in any related development contract, and

(d) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Development Act 1989 and the Strata Schemes (Freehold Development) Act 1973 in relation to the precinct association, its precinct property, the subsidiary schemes and persons having interests in, or occupying, development lots, neighbourhood lots and strata lots in subsidiary schemes.

"private access way" means a private access way set apart under Part 5 of the Community Land Development Act 1989 .
"proprietor", in relation to a development lot or a neighbourhood lot, means:

(a) a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot, or

(b) a person who has in the lot an interest referred to in section 47 of which notice has been given under that section to an association.

"public authority" includes a council within the meaning of the Local Government Act 1993 .
"public reserve" has the same meaning as it has in the Local Government Act 1993 .
"public road" has the same meaning as it has in the Roads Act 1993 .
"Register" means the Register kept under the Real Property Act 1900 .
"registered" means registered by the Registrar-General.
"registered valuer" means a registered valuer under the Valuers Act 2003 .
"Registrar" means the Registrar of the Tribunal.
"restricted property" means:

(a) association property of which the use is restricted by a management statement, or

(b) common property of which the use is restricted by by-laws in force under the strata scheme of which it forms part.

"resume" means compulsorily acquire under the authority of an Act or a Commonwealth Act.
"resuming authority" means an authority in which land is proposed to be, or is, vested by way of resumption.
"schedule of unit entitlements", in the case of a strata scheme, means a schedule of unit entitlement under the Strata Schemes (Freehold Development) Act 1973 .
"scheme" means a community scheme, a precinct scheme, a neighbourhood scheme or a strata scheme.
"secretary", in relation to an association, means the secretary of the executive committee of the association.
"sign" includes seal and, in the case of a corporation other than an association or a strata corporation, includes sign as a person authorised by the corporation.
"special resolution" means a resolution:

(a) that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5 or clause 15 of Schedule 6) of votes is cast, or

(b) that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5 or clause 35 of Schedule 6) of votes is cast, or

(c) that is passed at a duly convened meeting of a neighbourhood association and against which not more than one-quarter in value (ascertained in accordance with clause 40 of Schedule 5 or clause 55 of Schedule 6) of votes is cast, or

(d) that is passed at a duly convened meeting of a strata corporation and against which not more than one-quarter in value (ascertained in accordance with clause 18 (2) and (3) of Part 2 of Schedule 2 to the Strata Schemes Management Act 1996 ) of votes is cast.

"staged scheme" means a community scheme or precinct scheme developed in stages.
"statutory interest" means a charge or other proprietary interest that:

(a) is created by this or any other Act or a Commonwealth Act, and

(b) affects land in a community plan, a precinct plan, a neighbourhood plan or a strata plan, and

(c) is enforceable against a proprietor, an association or a strata corporation,

whether or not it has been recorded in the Register.
"strata corporation" means the owners corporation constituted by section 11 of the Strata Schemes Management Act 1996 for a strata scheme.
"strata lot" means a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 that is part of a community scheme.
"strata parcel" means land the subject of a strata scheme.
"strata plan" means a strata plan under the Strata Schemes (Freehold Development) Act 1973 that includes common property.
"strata scheme" means:

(a) a strata scheme under the Strata Schemes (Freehold Development) Act 1973 that includes common property and is part of a community scheme, and

(b) the proposals in any related development contract, and

(c) the rights conferred, and the obligations imposed, by or under the Strata Schemes (Freehold Development) Act 1973 , this Act and the Community Land Development Act 1989 in relation to the scheme.

"subsidiary body" means:

(a) in relation to a community scheme-the precinct association, neighbourhood association or strata corporation constituted under a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or

(b) in relation to a precinct scheme-the neighbourhood association or strata corporation constituted under a neighbourhood scheme or strata scheme that is part of the precinct scheme.

"subsidiary parcel" means the precinct parcel, neighbourhood parcel or strata parcel in a subsidiary scheme.
"subsidiary scheme" means:

(a) in relation to a community scheme-a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or

(b) in relation to a precinct scheme-a neighbourhood scheme or strata scheme that is part of the precinct scheme.

"Tribunal" means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001 .
"unanimous resolution" means a resolution passed at a duly convened general meeting of an association without a vote being cast against it.

(2) This Act is to be interpreted as part of the Real Property Act 1900 , but, if there is an inconsistency between them, this Act prevails.

(3) For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by, a natural feature, a railway, a public road, a public reserve or a drainage reserve.

(4) A reference in this Act to a development consent, a development contract, a community management statement, a precinct management statement or a neighbourhood management statement includes a reference to the consent, contract or statement as modified or amended from time to time.

(5) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.