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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 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.
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