New South Wales Consolidated Acts

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

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 16

Amendment of development contract with approval of association

16 Amendment of development contract with approval of association

(1) A development contract may be amended by the developer but any such amendment is ineffective unless--
(a) this section has been complied with in relation to the amendment, and
(b) the amendment is registered.
(2) A proposed amendment that involves a change in the basic architectural or landscaping design of the development, or in its essence or theme, may not be made unless it is approved--
(a) by the consent authority, and
(b) unless the developer is the only member of the association--by unanimous resolution of each association and strata corporation that is a party to the development contract.
(3) An amendment proposed in order to give effect to--
(a) a change in the law, or
(b) a change in the requirements of the consent authority,
may not be made unless it is approved by the consent authority and notified to each association that is a party to the development contract.
(4) Any other proposed amendment that would require a change in the terms of the development consent may not be made unless it is approved--
(a) by the consent authority, and
(b) by a special resolution of each association and strata corporation that is a party to the contract.
(5) Any other proposed amendment that would not require a change in the terms of the development consent may be made only if--
(a) it is approved by the consent authority and by an ordinary resolution of each association and strata corporation that is a party to the development contract, and
(b) the application for registration is accompanied by a certificate of the consent authority to the effect that a change in the terms of the development consent is not required.
(6) For the purposes of this section, an approval given under section 107 by the Land and Environment Court to an amendment of a development contract has the same effect as an approval of the amendment duly given under this section by an association or strata corporation.
(7) A consent authority that approves an amendment of a development contract must provide the applicant for the approval with a copy of the instruments, plans and drawings that describe and illustrate the amendment and a certificate to the effect--
(a) that the copy describes and illustrates the approved amendment, and
(b) that the development contract, if amended as approved by the authority, would not be inconsistent with the related development consent.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback