New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 2021

- As at 12 October 2023 
- Act 6 of 2021 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Interpretation
   5.      Meaning of "community scheme"
   6.      Meaning of "precinct scheme"
   7.      Meaning of "neighbourhood scheme"

   PART 2 - ESTABLISHMENT OF SCHEMES

   8.      Establishment of community scheme
   9.      Establishment of precinct scheme
   10.     Establishment of neighbourhood scheme
   11.     Exclusion of corporations law
   12.     Requirements for scheme plans
   13.     Establishment of subsidiary strata scheme

   PART 3 - PLANS AND INSTRUMENTS AFFECTING SCHEMES

           Division 1 - Plans of subdivision and consolidation

   14.     Scheme plans of subdivision
   15.     Requirements for scheme plan of subdivision that subdivides or creates lot
   16.     Requirements for scheme plan of subdivision that adds land to scheme parcel
   17.     Scheme plans of consolidation

           Division 2 - Community and precinct development lots

   18.     Minor adjustments between development lots and community property
   19.     Severance of a development lot

   PART 4 - ASSOCIATION PROPERTY

   20.     Definition
   21.     Vesting of association property
   22.     Shares in association property
   23.     Dealings with association property
   24.     Conversion of lots to association property
   25.     Acquisition of additional association property by transfer
   26.     Acquisition of additional association property by lease
   27.     Lease of certain association property
   28.     Transfer of association property

   PART 5 - EASEMENTS AND RESTRICTIONS

           Division 1 - Granting or accepting relevant interests

   29.     Definition
   30.     Association may grant or accept relevant interest
   31.     Dealings to grant or accept relevant interest

           Division 2 - Statutory easements

   32.     Definitions
   33.     Meaning of "statutory easement"
   34.     Creation of statutory easement
   35.     Service line provider has benefit of statutory easement
   36.     Implied covenants
   37.     Service line completed after creation of statutory easement
   38.     Developer to give copy of prescribed diagram to association
   39.     Registrar-General may make recordings
   40.     Division does not affect other rights or obligations

   PART 6 - ACCESS TO SCHEMES

   41.     Setting apart access way in association property
   42.     Special resolution required for closure of open access way
   43.     Access ways remain as association property
   44.     Effect of access ways in relation to certain rights

   PART 7 - DEVELOPMENT CONTRACTS

   45.     Definitions
   46.     Form and content
   47.     Planning approval
   48.     Variation of liability for association property expenses
   49.     Binding effect
   50.     Amendment with approval of planning authority and association
   51.     Notice of decision of planning authority and appeal
   52.     Amendment with approval of Court
   53.     Registration of amendment
   54.     Orders of the Court for breach
   55.     Development concerns
   56.     Right to complete permitted development
   57.     Meetings of association relating to development concerns
   58.     Conclusion of development contract

   PART 8 - AMALGAMATION OF SCHEMES

   59.     Amalgamation with subsidiary precinct or neighbourhood scheme
   60.     Public notice of proposed amalgamation
   61.     Application for amalgamation of schemes
   62.     Matters to accompany application
   63.     Consequences of registration of amalgamation of schemes
   64.     Regulations for purposes of this Part

   PART 9 - VARIATION OR TERMINATION OF SCHEME

           Division 1 - Variation or termination by Supreme Court

   65.     Variation or termination of scheme
   66.     Variation of associated development contract
   67.     Application to Supreme Court

           Division 2 - Termination by Registrar-General

   68.     Termination of scheme by Registrar-General
   69.     Making application for termination
   70.     Consequences of termination order by the Registrar-General

   PART 10 - RESUMPTIONS

           Division 1 - Preliminary

   71.     Definitions
   72.     Application of Part

           Division 2 - Applications to Supreme Court

   73.     Resuming authority must apply to Supreme Court
   74.     Notice of application to the Supreme Court
   75.     Application may be treated as application to vary or terminate scheme
   76.     Hearing of application
   77.     Costs
   78.     Orders take effect on registration

           Division 3 - Notice of resumption

   79.     Notice of resumption
   80.     When notice is required to apply to whole parcel

           Division 4 - Plans and instruments to be lodged with Registrar-General

   81.     Definition
   82.     Lodgment of plans
   83.     When registered plan takes effect
   84.     Registrar-General may make recordings and notations
   85.     Resumption of whole parcel
   86.     Resumption of entire lot with exclusion from scheme
   87.     Resumption of part of lot without exclusion from scheme
   88.     Resumption of part of lot with exclusion from scheme
   89.     Resumption of part of association property
   90.     Resumption of part of common property

           Division 5 - Effect of resumption

   91.     Exclusion of resumed land from scheme
   92.     Interest in association or common property
   93.     Continuation of resumed land within scheme

           Division 6 - Sale as alternative to resumption

   94.     Definition
   95.     Use of acquisition plan to acquire land
   96.     Grounds for refusing to register acquisition plan
   97.     Sale of association property using acquisition plan
   98.     Effect of registration of transfer
   99.     Division has effect despite other provisions of Act

           Division 7 - Miscellaneous

   100.    Compensation on resumption of part of lot
   101.    Compensation on resumption of association or common property
   102.    Resumption by authority not bound by Act

   PART 11 - LODGMENT AND FUNCTIONS OF REGISTRAR-GENERAL

   103.    Application of Act to electronic plans and documents
   104.    Recordings and notations
   105.    Amendment to registered plans and instruments
   106.    Replacement sheet or additional sheet for plan, and replacement schedule of unit entitlement
   107.    Plans for strata subdivision not registrable under this Act
   108.    Registration of amendment of management statement
   109.    Notice to be given to Valuer-General
   110.    Recording of certain orders

   PART 12 - MISCELLANEOUS

   111.    Functions of associations
   112.    Expiration of initial period
   113.    Accompanying documents become part of plan on registration
   114.    Act to bind Crown
   115.    Regulations
   116.    Repeals
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)
           Dictionary