DEVELOPMENT REGULATIONS 1993 - REG 59

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 59

59—Division of land by strata title

        (1)         Pursuant to section 51(1) of the Act, the Development Assessment Commission may issue a certificate under that section in relation to the division of land by strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 notwithstanding that the requirements of section 33(1)(d) of the Act have not been fully satisfied if the council advises the Development Assessment Commission that the applicant has entered into a binding arrangement with the council for the satisfaction of those requirements and that the arrangement is supported by adequate security.

        (2)         The following documents, namely:

            (a)         the document entitled Standard Strata Unit Development Bond , agreed between the Urban Development Institute of Australia (South Australian Division) Incorporated, the Housing Industry Association Limited (South Australian Division) and the Local Government Association of South Australia, if or when approved by the Minister for the purposes of this regulation by notice in the Gazette; and

            (b)         any other document approved by the Minister for the purposes of this regulation by notice in the Gazette,

(and any alterations or amendments to any such documents approved by the Minister from time to time by notice in the Gazette), are recognised as models for binding arrangements under subregulation (1) (insofar as they are relevant to the particular kind of strata plan), and an agreement that conforms with any such model will, to the extent that the agreement provides for the matters referred to in section 33(1)(d) of the Act, be taken to be a sufficient agreement, and to provide adequate security, for the purposes of section 51(1) of the Act in its application to the division of land by strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 .

        (3)         A copy of a document approved by the Minister under subregulation (2) must be kept available at the principal office of the department of the Minister.