(i) be consistent with all plans of
subdivision for the scheme that are registered under the Land Title Act ; and
(ii) contain the statements about proposed future subdivision that are
contained in the existing statement, changed only to the extent necessary to
take account of the registration of the new plan of subdivision.
(3)
Alternatively, for subsection (1) (b) , the circumstances are that a new plan
of subdivision proposed to be lodged for the development is inconsistent with
the existing community management statement for the scheme because the plan
changes the scheme in a way that affects the nature of the development or 1 or
more stages of the development.
Examples of changes affecting the nature of a
development for subsection (3)—
1 A development for a scheme intended to
be a resort is changed to a development comprising only standard format lots
for residential purposes.
2 A stage of a development comprising standard
format lots for residential purposes and a marina is changed to a stage
comprising only standard format lots for residential purposes.
(4) For
subsection (2) (a) (ii) , the development of a stage is done out of order if
it is not consistent with the order of the development of the stages stated in
a development approval or the existing community management statement for the
scheme.
(6) The body corporate
must, within 30 days after receiving the new statement, endorse its consent on
the statement.
Penalty—
Maximum penalty—50 penalty units.
(7)
However, if this section applies because of the circumstances stated in
subsection (3) , the body corporate is not required to endorse its consent on
the statement unless—
(a) the developer has—
(i) given the body corporate
a notice as required under section 29(2) (a) ; and
(ii) obtained development
approval for the changed scheme; and