New South Wales Consolidated Acts

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COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 72

Termination of certain neighbourhood schemes by the Registrar-General

72 Termination of certain neighbourhood schemes by the Registrar-General

(1) In this section, a reference to a neighbourhood scheme is a reference to a neighbourhood scheme that is not--
(a) part of a community scheme, or
(b) the subject of an application under section 70.
(2) The Registrar-General may terminate a neighbourhood scheme on the application of the neighbourhood association and the proprietors of the neighbourhood lots in the scheme.
(3) Details of the proposed termination, and a statement of intention to make the application, must be published in--
(a) a daily newspaper circulating generally in Sydney, and
(b) a local newspaper circulating generally in the area in which the neighbourhood parcel is situated, and
(c) the Gazette,
at least 14 days before the application is made.
(4) The application must be--
(a) made under the seal of the neighbourhood association after being approved by a unanimous resolution of the association, and
(b) signed by each proprietor of a neighbourhood lot within the scheme and by each registered mortgagee, chargee or covenant chargee of a lot within the scheme, and
(c) bear the consent of each party as referred to in Division 3 of Part 23 of the Conveyancing Act 1919 , and
(d) bear the consent of the consent authority.
(5) There must be lodged with the application--
(a) a deposited plan for the parcel for registration as a current plan, and
(c) evidence of compliance with subsection (3), and
(d) such other documents and evidence as the Registrar-General requires.
(6) On receiving an application under this section, the Registrar-General may--
(a) make an order terminating the scheme, or
(b) refuse to terminate the scheme.
(7) A refusal by the Registrar-General to terminate a scheme does not preclude an application to the Supreme Court under section 70 for termination of the scheme.
(8) An order terminating a scheme takes effect on being recorded in the Register.
(9) The Registrar-General may wholly or partly waive compliance with subsections (3), (4) and (5).



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