New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMUNITY LAND DEVELOPMENT ACT 1989 - SCHEDULE 4

SCHEDULE 4 – Neighbourhood management statement

(Sections 13, 18)

1 Form of neighbourhood management statement

A neighbourhood management statement must be in the approved form, must include the prescribed information, must bear the approval of the consent authority and must not be inconsistent--

(a) with the development contract for the neighbourhood scheme, or
(b) if the neighbourhood scheme is part of a community scheme--with the management statement, or any development contract, for the community scheme or any precinct scheme of which the neighbourhood scheme is part, or
(c) with an Act or law that, by the operation of section 116 of the Community Land Management Act 1989 , applies to a part of the neighbourhood property that is an open access way,
but, if there is such an inconsistency, the development contract, community management statement, precinct management statement, Act or law prevails.

2 Matters to be included

In so far as they are not included in a community management statement or a precinct management statement for a scheme under which the neighbourhood scheme is a subsidiary scheme, a neighbourhood management statement must include by-laws, plans and other particulars relating to--

(a) the location, control, management, use and maintenance of any part of the neighbourhood property that is an open access way or a private access way, and
(b) the control, management, use and maintenance of any other part of the neighbourhood property, including any special facilities provided on the neighbourhood property, and
(c) the provision of, and payment for, internal fencing on the neighbourhood parcel, and
(d) the storage and collection of garbage on and from the neighbourhood parcel, and
(e) the maintenance of water, sewerage, drainage, gas, electricity, telephone and other services, and
(f) insurance of the neighbourhood property, and
(g) the executive committee of the neighbourhood association, the office-bearers of the committee and the functions of the office-bearers, and
(h) meetings of the executive committee, and
(i) voting on a motion submitted to the executive committee otherwise than at a meeting of the committee, and
(j) the keeping of records of proceedings of the executive committee.

3 Optional matters for management statement

(1) A neighbourhood management statement may include by-laws and other particulars relating to any of the following--
(a) the hanging of washing within the parcel,
(b) safety and security measures,
(c) details of any restricted property,
(d) the keeping of pets,
(e) the obligation of the proprietor of a lot within the scheme not to interfere with the quiet enjoyment of another lot or the neighbourhood property,
(f) the control of unacceptable noise levels,
(g) details of any business or trading activity to be carried on by the association and the method of distributing and sharing any profit or loss,
(h) the control or preservation of the essence or theme of the development under the scheme,
(i) architectural and landscaping guidelines to be observed by lot owners,
(j) a diagram for the purpose of statutory easements under section 36,
(k) any agreements entered into for the provision of services or recreational facilities,
(l) a plan for the purposes of Part 5 (which relates to access ways within the scheme).
(2) This clause does not limit the matters that may be included in a management statement.

4 By-law required by public authority

(1) A neighbourhood management statement may include a schedule specifying by-laws made at the request of public authorities.
(2) If a by-law made at the request of a public authority so provides, the by-law may not be amended or revoked without the consent of the public authority.
(3) Subclause (2) has effect despite any other provision of this Act and the provisions of the Community Land Management Act 1989 .

5 Excluded matters

(1) A neighbourhood management statement must not include any prohibition or restriction that--
(a) affects the keeping on a lot of an animal that is used as an assistance animal by a person with a disability who is a proprietor or occupier of a lot, or
(b) affects the use on a lot, or on neighbourhood property, of an assistance animal by a person with a disability, or
(c) is based on race or creed, or on ethnic or socio-economic grouping, or
(d) excludes public housing from a scheme.
(2) In this clause--

"assistance animal" means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.

"disability" has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.

6 Restricted property

A neighbourhood management statement that restricts the use of any neighbourhood property must include--

(a) a description of the property, and
(b) details of the persons entitled to use the property, and
(c) the terms and conditions on which those persons may use the property, and
(d) particulars relating to access to the property and the provision and keeping of any key necessary, and
(e) particulars of the hours during which the property may be used, and
(f) provisions relating to the maintenance of the property, and
(g) matters relating to the determination, imposition and collection of levies on those entitled to use the property.

7 Signature of management statement

A neighbourhood management statement must have been signed by the developer or an authorised agent of the developer.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback