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COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 2

COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 2

SCHEDULE 2 – Development covenants

(Section 15)

Part 1 - Community schemes

1 Covenant by original proprietor--community scheme

Under the agreement included by section 15 in a development contract lodged with a community plan, the original proprietor of the land the subject of the community scheme covenants--

(a) with the subsidiary bodies jointly and with each of them severally, and
(b) with the subsequent proprietors jointly and with each of them severally,
that the land will be developed in accordance with the development contract and the development consent.

2 Covenants by subsidiary bodies and subsequent proprietors--community scheme

The--

(a) subsidiary bodies, and
(b) subsequent proprietors,
under a community scheme covenant jointly, and each of them covenants severally, with the original proprietor of the land the subject of the community scheme that the original proprietor will be permitted to develop the land in accordance with the development contract and the development consent.

Part 2 - Precinct schemes

3 Covenants under precinct schemes

Part 1 applies in relation to a precinct scheme in the same way as it applies in relation to a community scheme and so applies as if the word "community" wherever occurring in that Part were the word "precinct".

Part 3 - Neighbourhood schemes

4 Covenant by original proprietor--neighbourhood scheme

Under the agreement included by section 15 in the development contract lodged with a neighbourhood plan, the original proprietor of the land the subject of the neighbourhood scheme covenants--

(a) with the neighbourhood association, and
(b) with the subsequent proprietors jointly and with each of them severally,
that the land will be developed in accordance with the development contract and the development consent.

5 Covenants by neighbourhood associations and subsequent proprietors

The--

(a) neighbourhood association, and
(b) subsequent proprietors,
under a neighbourhood scheme covenant jointly, and each of them covenants severally, with the original proprietor of the land the subject of the neighbourhood scheme that the original proprietor will be permitted to develop the land in accordance with the development contract and the development consent.

Part 4 - Definition

6 Definition

In this Schedule--


"subsequent proprietor" , in relation to a scheme, means a person (other than the original proprietor) who is for the time being the proprietor of a development lot, neighbourhood lot or strata lot within the scheme.