South Australian Current Acts South Australian Current Acts (1) A
scheme description must—
(a) be
in a form approved by the Registrar-General; and
(b)
identify the community parcel and the lots and common property into which the
parcel is to be divided (this may be done by reference to the plan of
community division with which the description will be filed); and
(c)
describe the purpose or purposes for which the lots and common property may be
used; and
(d)
specify the standard of buildings and other improvements (if any) to be, or
which may be, erected on or made to the lots or common property; and
(e) if
the scheme is to be completed in stages—
(i)
identify the part or parts of the community parcel (which
may, in the case of a strata scheme, include a stratum or strata of space not
defined by a building or other monument) to be developed in a subsequent stage
or subsequent stages; and
(ii)
provide a brief description of the nature and scope of
the development to be undertaken in respect of each stage; and
(iii)
state the time expected for the completion of each stage
or, if it is not possible to estimate a time for completion, explain briefly
why it is not possible to do so; and
(f) if
the owner or owners of one or more of the community lots is to be under an
obligation to develop the lot—include a brief description of the nature
and scope of that development and the time for its completion or, if it is not
possible to estimate a time for completion, explain briefly why it is not
possible to do so; and
(g) if
the developer is to make improvements to the common property or undertake any
other development work on the common property—include a brief
description of the nature and scope of those improvements or that work and the
time expected for their completion or, if it is not possible to estimate a
time for completion, explain briefly why it is not possible to do so; and
(h) if
the division or other development of the land pursuant to the scheme is
subject to conditions imposed by the relevant development authority when
granting its consent or imposed by the Planning, Development and
Infrastructure Act 2016 or by regulations under that Act—set out
those conditions in full; and
(i)
set out any other important features of the scheme; and
(ia) be
endorsed with a certificate in the form prescribed by regulation from the
person who prepared the scheme description certifying that the scheme
description has been correctly prepared in accordance with this Act; and
(j)
include any other information required by the regulations.
(2)
The scheme description of a secondary scheme must not be inconsistent with
the scheme description or the by-laws of the primary scheme and the scheme
description of a tertiary scheme must not be inconsistent with the scheme
description or the by-laws of the secondary or primary scheme.
(3) A
scheme description should be written as clearly as possible and should not
include any unnecessary detail.
(4) Before endorsing a
scheme description, the relevant development authority may require
modifications to it—
(a) to
add any information that is necessary or desirable in the opinion of the
development authority; or
(b) to
clarify any part of the description; or
(c) to
remove any unnecessary detail.