Community Land Development Act 1989 Community Land Development Regulation 1990 (1990-405) [GG No 82 of 29.6.1990] (NSW)
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COMMUNITY LAND DEVELOPMENT ACT 1989 - REGULATION
(Community Land Development Regulation 1990)
NEW SOUTH WALES
[Published in Gazette No. 82 of 29 June 1990]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Community Land Development Act 1989, has been pleased to make the Regulation set forth hereunder.
I. R. CAUSLEY
Minister for Natural Resources.
PART 1 - PRELIMINARY
Citation
1. This Regulation may be cited as the Community Land Development Regulation 1 990.
Commencement
2. This Regulation commences on 1 August 1990.
Definitions
3. (1) In this Regulation:
“the Act” means the Community Land Development Act 1989.(2) In this Regulation:
(a)
a reference to a section, Schedule or clause of a Schedule is a reference to a section, Schedule or clause of a Schedule of the Act; and
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(b)
a reference to an approved form is a reference to a form approved by the Registrar-General for the purposes of the Act or this Regulation.
PART 2 - GENERAL REQUIREMENTS FOR DEPOSITED
PLANS
Application of Part
4. This Part applies only to deposited plans prepared for registration
for the purposes of the Act. Register of deposited plans
5. The Registrar-General must keep a register of plans lodged for
registration for the purposes of the Act and must record in itparticulars of all deposited plans registered for the purposes of the Act.
Content of plans
6. (1) Every plan lodged for registration for the purposes of the Act must be drawn on:
(a) tracing linen of good quality or
(b)
polyester film having at least one matt surface and a thickness of not less than 0.05 mm and not more than 0.08 mm.
(2) Each sheet of a plan referred to in subclause (1) must:
(a)
have a surrounding margin of 10 mm, and no printing, writing or other notations (other than directions or notations by the Registrar-General) are to appear in, or extend into, any such margin; and
(b) have overall dimensions of 594 mm x 420 mm. (3) The plan drawing area of a sheet of a plan is to be as follows:
(a) in the case of the first sheet of a detail plan: 400 mm x 396 mm; (b)
in the case of the sheet of a plan that is a location diagram: 475 mm x 400 mm;
(c)
in the case of a sheet of a plan that shows accessways or statutory easements: 574 mm x 400 mm;
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(d) in any other case: 490 mm x 400 mm.
(4) Each plan must be drawn on the dull side of the tracing linen in
a dense black waterproof ink or on a matt surface of the polyester film
in a dense black plastic ink and without colour or edging.
(5) Where separate diagrams and tabulations of dimensions and
marks are used in an additional sheet, they must be shown on the sheet
to which they relate.
(6) A part of a lot in a subdivision is not to be shown on any additional sheet unless the lot is shown as a whole unit elsewhere in the plan.
(7) All plans must be drawn at a reduction ratio which will allow all details and notations to be clearly reproduced by photographic process at double the ratio.
(8) No information other than the plan (including any separate diagrams and tabulations of dimensions and marks) or the schedule of unit entitlements is to be shown in the plan drawing area of any approved form.
(9) There must be shown in the spaces of the panel reserved for that information on the first sheet of a detail plan:
(a)
the purpose of the plan and a short description of the land comprised in it, related to the subdivision of which the land forms part; and
(b)
the local government area, town or other locality, parish and county; and
(c) certificates, signatures, seals and other information.
(10) If the space for all necessary signatures and seals that is
provided on the first sheet of a detail plan is inadequate, the additional panels on following sheets of the plan may be used for the signatures and seals.
(11) Every plan must comply with the following requirements:
(a)
all lengths shown on the plan must be expressed in metres and not in any other unit of measurement of length (whether or not related to the metre), without the use of any symbol or abbreviation to represent the metre as the unit of measurement employed;
(b)
if a linear dimension of less than one metre is shown, the decimal marker shall be preceded by “0”;
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(c)
“0” shall not be shown as the last character of a linear dimension to the right of the decimal marker;
(d) linear dimensions may be expressed as follows:
(i) if 50 metres or less - to the nearest 0.005 metre; (ii)
if more than 50 metres but not more than 500 metres - to the nearest 0.01 metre;
(iii) if more than 500 metres - to the nearest 0.1 metre; (e) all areas shown on the plan;
(i) of less than one hectare - must be expressed in square metres; or
(ii) of not less than one hectare but less than 10,000 hectares
- must be expressed in hectares; or
(iii) of 10,000 hectares or more - must be expressed in square kilometres,
and not in any other unit of measurement of area (whether or not related to the square metre, hectare or square kilometre, as the case may be);
(f)
the expression of an area on the plan must be accompanied by the following symbols:
m²( in relation to square metres);
ha (in relation to hectares);
km²( in relation to square kilometres);
(g)
the reduction ratio to which the plan is drawn must be one of the following ratios (or multiples of powers of ten of those ratios):
1: 50 1:250 1:100 1:300 1:125 1:400 1:150 1:600 1:200
1:800 1:900
(h)
all words, letters, figures and symbols appearing on the plan must, except as the Registrar-General otherwise approves, be:
(i)
shown in capital letters (except as provided by paragraph (f)); and
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(ii) open in formation and construction; and
(iii) drawn in an upright style.
Plan of survey
7. Every plan must be a plan of survey unless this Regulation states otherwise or the Registrar-General agrees to allow the plan to be compiled from existing survey information.
Power of Registrar-General to alter plans
8. The Registrar-General may, after giving notice to such persons as
the Registrar-General thinks fit:
(a)
number or re-number any lots whether before or after registration of any plan lodged in the Land Titles Office for the purposes of the Act; and
(b)
before registration of any plan, supply omissions and correct patent errors in any such plan; and
(c)
make any other alterations the Registrar-General thinks fit to any such plan.
Alterations
9. (1) Alterations to plans lodged in the Land Titles Office for registration, other than alterations referred to in clause 8, must be made by striking through the matter intended to be altered and showing the new information adjacent to it. Alterations made by rubbing, scraping or cutting the surface of a sheet are not acceptable.
(2) Any alteration, which in the opinion of the Registrar-General renders a sheet unsuitable for copying by photographic or similar means, will necessitate replacement of that sheet.
(3) Every alteration made to a plan, other than alterations referred to in clause 8, must be authenticated by the surveyor and, if the alteration affects the subdivisional pattern or proportional unit entitlement, the alteration must also be authenticated by the clerk or other authorised officer of the consent authority.
Community, precinct and neighbourhood plans etc.: certain easements etc. not to be noted
10. (1) Subject to subclauses (2) and (3), no notation is to be entered
on a plan lodged in the Land Titles Office for registration and referring
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to an intention to create easements, restrictions on the use of land or positive covenants otherwise than pursuant to section 88B of the Conveyancing Act 191 9.
(2) The site of an easement intended to be created by a transfer may be illustrated on a plan if the designation of the site includes the word “proposed” or an abbreviation of that word and provided no written statement of that intention is entered elsewhere on the plan.
(3) Subclause (1) does not apply in respect of the proposed site of a statutory easement pursuant to section 36.
(4) The illustration and designation of the site of an easement in accordance with subclause (2) is not be taken for the purposes of section 88B of the conveyancing Act 1919 to indicate in the prescribed manner an intention to create an easement.
Community, precinct and neighbourhood plans: dedicating a public road or creating a public reserve or drainage reserve
11. (1) Any plan lodged in the Land Titles Office for registration which on registration is intended to dedicate a public road or create a public reserve or drainage reserve (pursuant to Sections 336,340D and 340E of the Local Government Act 1919) must bear a statement of intention to dedicate the public road or to create the public reserve or drainage reserve.
(2) A statement of intention to dedicate or create referred to in subclause (1) must be legibly printed in dense black waterproof ink in the panel provided for such statements on the first sheet of the detail plan.
(3) Land intended to be dedicated as a public road should be shown on the detail plan as “road” or “road widening” and if named may bear its name.
(4) Land intended to become a public reserve or drainage reserve should be shown in the relevant plan as a lot with full dimensions and area. Any such lot should bear a lot number and the notation “Public Reserve” or “Drainage Reserve”, as the case may be. The lot number should be the next number after all development lots or all neighbourhood lots in the plan have been allocated a number.
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Community, precinct and neighbourhood plans: certain easements etc. to be noted
12. In any plan lodged in the Land Titles Office for registration which upon registration is intended to create an easement, restriction on the use of land or positive covenant pursuant to section 88B of the Conveyancing Act 1919 (other than a statutory easement referred to in section 36):
(a) the site of the easement must be indicated in the plan drawing area together with sufficient indication of the nature of the easement to distinguish it from any other easement intended to be created on registration of the plan and, if the easement is intended to benefit or burden land not being part of the parcel comprised in the plan and the easement is limited in height or depth, the level of that limit must be related to Australian Height Datum; and (b) a statement of intention to create such an easement, restriction on the use of land or positive covenant must be legibly printed in dense black waterproof ink in the panel provided for it on the first sheet of the detail plan; and (c) a statement referred to in paragraph (b) must not incorporate the text of the easement, restriction on the use of land or positive covenant nor specify the land intended to be benefited and burdened thereby.
Community, precinct and neighbourhood plans: accompanying instrument re easements etc.
13. (1) Every plan referred to in clause 12 must be accompanied by an instrument in Form 3 in Schedule 1 to the Real Property Act Regulations 1970.
(2) The provisions of Regulations 33 (2), (3), (4), (5) and (6) and 34 of the Real Property Act Regulations 1970 apply to an instrument referred to in subclause (1) in the same way as they apply to an instrument referred to in Regulation 33(1) of those Regulations.
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PART 3 - COMMUNITY PLANS, PRECINCT PLANS
AND NEIGHBOURHOOD PLANS
Plans generally: distinctive references
14. (1) The Registrar-General, on acceptance of a plan presented for registration for the purposes of the Act, is to allocate a deposited plan number in a specified series of numbers to the plan, which will become the plan number for the relevant scheme.
(2) If the plan is lodged as an additional sheet or replacement sheet pursuant to any provision of the Act, nothing prevents the Registrar-General from allocating the same plan number.
Content of plans
15 (1) Every plan lodged for registration as a community plan, precinct plan or neighbourhood plan must comprise at least 4 separate sheets.
(2) A plan may contain more than 4 sheets if necessary to accommodate the required information.
Kinds of plan sheets
16. The sheets must include at least one of each of the following:
(a) a location diagram;(b) a detail plan;
(c)
the community property plan, precinct property plan or neighbourhood property plan, whichever is appropriate, illustrating the association property;
(d)
the initial schedule of unit entitlements or the revised schedule of unit entitlements, whichever is appropriate.
Information to be included on plan sheets
17. Every sheet of every plan lodged for registration for the purposes of the Act must contain the following:
(a) the number of the sheet;
(b) the signature of the surveyor and the date of the survey.,
(c)
a reference to the Council Clerk’s Certificate number, the date of the Certificate and the signature of the Council Clerk,
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(d)
except on a sheet containing the schedule of unit entitlements only:
(i)
the north point, which shall be directed upwards and the meridian to which it relates; and
(ii)
a statement of the reduction ratio at which the sheet is drawn.
Location diagram
18. (1) The location diagram must illustrate:
(a) the current subdivisional pattern in a diagram which does not show dimensions, except for any necessary connections to the nearest cross street; and (b) the relative positions of all main access roads and local features; and (c) a schedule on which will be recorded subsequent subdivisional and lot definition changes.
(2) The location diagram will be continually altered or updated to show the current position as regards subdivision pattern and the proposed development action. This updating will be completed in the Land Titles Office as each action is registered.
(3) The location diagram must bear the following information:
| (a) | the name of the scheme, if any, and the location of the scheme; |
| (b) | the name of the association with provision for the deposited plan number i.e. “... Community Association DP No. ...”; |
| (c) | the address of the association for service of notices; |
| (d) | a schedule which has provision for details of any subdivision of lots or redefinition changes to lots in the scheme; |
| (e) | a location diagram which shows the position of the scheme in relation to the main access roads in the area and any local features of note, such as rivers, lakes, public parks, reserves, railway stations etc.; |
| (f) | a warning notice that sheet 1 is continually being updated to show the current subdivisional pattern for the scheme and that the subsequent sheets show the details of the lots in the subdivision; |
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(g)
a note drawing attention to the fact that additional sheets may be added to the scheme plan and that details of such sheets are shown in the schedule on this sheet.
Detail plan
19. (1) The detail plan must set out the detailed survey information for all lots in the scheme other than the community, precinct or neighbourhood property lot. Lots on the sheet or sheets comprising the detail plan will be numbered consecutively commencing from 2 - lot 1 will always be reserved for the community, precinct or neighbourhood property lot.
(2) The first sheet of the detail plan must show the following information:
(a) a brief description of the land being subdivided in terms of the existing lot identities or by reference to existing titles; (b) full details of the location of the land being subdivided, including locality, local government area and parish and county de tails; (c) evidence of approval by the consent authority to the subdivision in the approved form; (d) all signatures or seals (or both) of all interested persons as provided by the Act and the consents as also provided by the Act. All such signatures, seals and consents are to appear in the column set aside for them. In the event that there is insufficient space, the columns provided on any additional sheet of the Detail Plan may be used; (e) in relation to a community plan, a statement identifying all lots which are development lots, which is to appear in the panel provided for notes etc. In the case of a precinct plan a similar statement identifying all lots as development lots must appear in the panel; (f) a certificate by the surveyor in the approved form. Every sheet of the detail plan must contain the following additional particulars:
(3)
(a)
complete dimensions (including the area) of every lot comprised in the plan other than lot 1 (the community, precinct or neighbourhood property lot);
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(b) sufficient information to define the site of any proposed easement or of any easement intended to be created upon registration of the plan and to indicate the relationship of the easements to the boundaries of any affected lot; (c) the site, nature and origin of any existing easement affecting a lot comprised in the plan and its relationship to the boundaries of that lot; (d) the identities of all adjoining lands; (e) any marks or monuments of former surveys used or in respect of which connections are shown, together with specific reference to the recorded number of the plan of those surveys; (f) sufficient marks placed in accordance with the Survey Co-ordination Act 1949 to allow all lots in the plan to be accurately re-defined from such marks; (g) the widths of all public roads indicated in the plan and of their footways and carriageways, if defined by alignment; (h) information sufficient to indicate that the external boundaries have been properly established and do not include any part of ad joining properties or roads; (i) the present name of every road shown on the plan and, if the present name differs from that shown on plans recorded in the Land Titles Office, the plan must be accompanied by a letter from the appropriate authority confirming the change of name and the extent of the change.
(4) For the purposes of subclause (3) (b) and (c), if an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.
(5) For the purposes of subclause (3) (c), the origin of an existing easement means a reference to the registration number of the instrument or plan, or to the Government Gazette, by which the easement was granted, reserved, notified or otherwise created.
(6) So much of the plan as is within the plan drawing area is designated a “Detail Plan”, and this notation must appear on each sheet that illustrates a subdivision into development lots or neighbourhood lots for separate use or occupation.
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Community, precinct or neighbourhood property plan
20. (1) The association property plan must show the detailed survey information for the community, precinct or neighbourhood property lot only.
(2) The community property, precinct property or neighbourhood property must be numbered lot 1 and may comprise more than one part, in which case each part must be numbered as “Part lot 1” or with a suitably abbreviated notation and must state separate areas for theand total area for the whole lot.
(3) The association property plan must include the following: (a)
the boundaries and complete dimensions (including area and part areas) of all parts and the whole of the community, precinct or neighbourhood property lot - no dimension is to be shown for any other lot in this sheet;
(b)
sufficient information to define the site of any proposed easement or of any easement intended to be created on registration of the plan and to indicate the relationship of the easement to the boundaries of the community, precinct or neighbourhood property lot;
(c)
the site, nature and origin of any existing easement affecting the lot comprised in the sheet of the plan and its relationship to the boundaries of the lot;
(d) the identities of all adjoining land; (e)
any marks or monuments of former surveys used or in respect of which connections are shown, together with specific reference to the recorded number of the plan of those surveys;
(f)
sufficient marks placed in accordance with the Survey Co-ordination Act 1949 to allow the lot to be accurately re-defined from those marks and any other such marks placed within the community, precinct or neighbourhood property must be shown on this plan;
(g)
the widths of all public roads indicated in the sheet of the plan and of their footways and carriageways, if defined by alignment;
(h)
information sufficient to indicate that the external boundaries shown in the sheet have been properly established and do not include any part of adjoining properties or roads;
(i)
the present name of every road shown in the sheet of the plan and, if the present name differs from that shown on plans
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recorded in the Land Titles Office, the plan must be accompanied by a letter from the appropriate authority confirming the change of name and the extent of the change.
(4) For the purposes of subclause (3) (b) and (c), if an easement is in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground or is within or beneath an existing building, it is sufficient to indicate on the plan the approximate position of the easement.
(5) The plan must bear whichever of the following notes is appropriate within the plan drawing area:
COMMUNITY PROPERTY PLAN,
Community property lot only
or
PRECINCT PROPERTY PLAN,
Precinct property lot only
or
NEIGHBOURHOOD PROPERTY PLAN,
Neighbourhood property lot only
Schedule of unit entitlements
21. (1) The schedule of unit entitlements sheet must include unit entitlements for all lots in the scheme, except as provided by subclause (3) (c) (iv).
(2) The Schedule is to be noted “initial” or “revised schedule”, as the case may be, and may comprise more than one sheet.
(3) The schedule of unit entitlements must comply with the following:
(a) In the column provided for notations it must include a warning statement in the approved form duly completed.
| (b) | In the column provided for notations it must include a certificate of a valuer or surveyor in the approved form. The certificate must be given by a registered valuer if required by clause 2 of Schedule 11. |
| (c) | In the plan drawing area it must include a schedule of unit entitlements for all lots in the scheme. The schedule must be |
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headed “Schedule of Unit Entitlements” and must contain three
columns which must comply with the following:(i) The first column headed “lot” must list in numerical order the lots in the plan.
(ii) The second column headed “unit entitlement” must contain the value of the unit entitlement shown as a whole number for each lot shown in the first column.
(iii) The third column headed “subdivision” must record details of subdivisions of the relevant lots as they occur.
(iv) The unit entitlement of lot 1 must be shown as community property, neighbourhood property or precinct property, as the case may be, and the unit entitlement for public reserve and drainage reserve shall
be shown as “Public Reserve” or “Drainage Reserve”, as
the case may be.
(v) At the end of the schedule, the first column must contain the word “Total” and the second column the total value of all the unit entitlements of the individual lots.
(4) The initial schedule of unit entitlements must be updated or amended in conjunction with each subdivision or change that takes place to a scheme.
Numbering of plan sheets
22. All sheets must be numbered in ascending order commencing with “1” for the location diagram and each additional sheet must be endorsed in the top right corner “Sheet ...... of ....... sheets”.
PART 4 - OTHER PLANS AFFECTING COMMUNITY,
PRECINCT OR NEIGHBOURHOOD SCHEMES
Action affecting community schemes, precinct schemes and neighbourhood schemes
23. If any of the following occurs in relation to land in a community, precinct or neighbourhood scheme, a plan must be lodged in the Land Titles Office as a replacement sheet or as an additional sheet, as the case may require:
(a)
adjustment of the boundary between a community development lot or lots and the community property or a
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precinct development lot or lots and the precinct property by a
boundary adjustment plan;
| (b) | subdivision of a development lot in a community or precinct plan to create further development lots; |
| (c) | subdivision of neighbourhood lots or neighbourhood property; |
| (d) | conversion of a community development lot to community property, a precinct development lot to precinct property or a neighbourhood lot to neighbourhood property |
| (e) | consolidation of two or more community development lots, precinct development lots or neighbourhood lots. |
Additional sheet
24. (1) For the purposes of this Regulation, an additional sheet is a sheet prepared to illustrate a change to the definition or content of a lot other than lot 1 (the community, precinct or neighbourhood property lot).
| (2) | An additional sheet must: |
| (a) | be registered and added to the existing sheets of the scheme; and |
| (b) | be numbered with the next sheet number after the last number used in the scheme; and |
| (c) | bear the deposited plan number of the scheme of which the lot forms part. |
(3) Registration of additional sheets will ensure that existing survey information is preserved.
Replacement sheet
25. (1) For the purposes of this Regulation, a replacement sheet is a sheet prepared to illustrate a change to the definition or content of lot 1 (the community, precinct or neighbourhood property lot) or a change in the schedule of unit entitlements of the scheme.
(2) A replacement sheet must:
| (a) | bear the deposited plan number of the scheme of which lot 1 forms part; and |
| (b) | assume the sheet number of the sheet it is to replace with an alphabetic suffix which will indicate the number of times that that sheet has been replaced. |
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Boundary adjustment pIan
26. (1) A plan re-defining lot boundaries must be a plan of survey of the boundaries of the lots re-defined and the relevant community property or precinct property lot boundaries.
(2) Other boundaries shown on the plan that have not been changed may be compiled from the community plan or precinct plan.
(3) The plan is to comprise an additional sheet of the detail plan and a replacement sheet of the community property plan or precinct property plan.
(4) The additional sheet of the detail plan must:
(a) be prepared on an approved form; and (b) comply with clause 19, except that the consent authority’s approval referred to in clause 19 (2)(c) must be in the form of a certificate in the approved form for the purposes of this paragraph; and (c) bear a surveyor’s certificate qualified as regards the boundaries surveyed; and (d) contain a note in the relevant column as set out in the approved form for the purposes of this paragraph; and (e) bear a certificate in the approved form of certificate for the purposes of this paragraph by the community association or precinct association that the association accepted the re-defined boundaries by an ordinary resolution attested to in the approved form of attestation for the purposes of this paragraph. (5)
The replacement sheet of the community property plan or precinct property plan must:
(a) be prepared on an approved form; and
(b)
show the community property lot or precinct property lot as lot 1, with details of the newly surveyed boundaries and the remaining boundaries being shown by compilation; and
(c) comply with the requirements set out in clause 20; and
(d) bear in the note column a statement in the approved form.1990 - No. 405
Subdivision of a development lot in a community or precinct plan to create further development lots by a community plan of subdivision or precinct plan of subdivision
27. (1) The community plan of subdivision or precinct plan of subdivision must:
(a) show only the lots being subdivided; and
| (b) | be a plan of survey as regards the new subdivision line and the surround of the lot or lots being subdivided. |
All other necessary information for the adjoining lots may be compiled from the original community plan or precinct plan.
(2) The plan may comprise several sheets, including an additional sheet (or additional sheets) of the detail plan and a replacement sheet (or replacement sheets) for the schedule of unit entitlements.
(3) The additional sheet of the detail plan must:
| (a) | comply with clause 19, except subclauses (1), (2)(c), (2)(f), (3)(a) and (3)(h) of that clause; and |
| (b) | set out the detailed survey information for all lots in the subdivision; and |
| (c) | show the lot numbered consecutively starting from the number after the last number used for the lots in the relevant community or precinct plan; and |
| (d) | bear evidence of approval by the consent authority to the subdivision in the form of a certificate in the approved form; and |
| (e) | bear on the first additional sheet a certificate by the surveyor in the approved form which must be qualified as regards the boundaries which were surveyed and those compiled from the community or precinct plan; and |
| (f) | show complete dimensions (including areas) for every lot comprised in the subdivision; and |
| (g) | show sufficient information to indicate that the external boundaries of the subdivision have been properly established and do not include any part of the adjoining properties. |
(4) Each replacement sheet of the schedule of unit entitlements which will be an initial schedule must:
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(d) be prepared in accordance with clause 21, if applicable; and (e) bear a notation, as prescribed by the approved form, in the column provided for the notation; and (f) contain a reference to new lots created and their unit entitlements which add up to the prior entitlement of the lot or lots subdivided; and (g) in the column headed “unit entitlement” opposite the lot or lots subdivided, show a reference to the new lot or lots created; and (h) in the column headed “subdivision” opposite the lot or lots subdivided, show a reference to the sheet of the community or precinct plan which created the new lot or lots; and (i) bear a certificate by a registered valuer in the approved form.
Subdivision of neighbourhood lots or neighbourhood property (or both) in a neighbourhood scheme by a neighbourhood plan of subdivision
28. (1) The neighbourhood plan of subdivision:
(a)
must comprise additional sheets as referred to in clause 24 or replacement sheets as referred to in clause 25, or both; and
(b) must show only the lots being subdivided; and
(c) must be a plan of survey as regards the new subdivision line and the surround of the lot or lots being subdivided. All other necessary information for the adjoining lots may be compiled from the original neighbourhood plan.
(2) The plan may consist of several sheets comprised of additional sheets of the detail plan, a replacement sheet of the neighbourhood property plan and a replacement sheet of the schedule of unit entitlements, which will be an initial schedule.
(3) A An additional sheet of the detail plan must: (a) comply with clause 19, except subclauses (1), (2) (c), (2) (e), (2) (f), (3) (a) and (3) (h) of that clause; and (b)
set out the detail survey information for all lots in the subdivision; and
(c)
show the lots numbered consecutively, starting from the number after the last number used for the lots in the relevant neighbourhood plan; and
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(d) bear evidence of approval by the consent authority to the subdivision in the form of a certificate in the approved form; and (e) bear on the first sheet of the detail plan added, a certificate by the surveyor in the approved form which must be qualified as regards the boundaries which were surveyed and those compiled from the neighbourhood plan; and (f) show complete dimensions (including areas) for every lot comprised in the subdivision; and (g) show sufficient information to indicate that the external boundaries of the subdivision have been properly established and do not include any part of the adjoining properties; and (h) if the plan is for a subdivision of a lot or lots in a neighbourhood scheme only and the lot or lots are still held by the original proprietor, bear a certificate in the approved form suitably attested in the approved form or be accompanied by an office copy of an Order of the Supreme Court that it has approved the subdivision; and (i) if the plan subdivides or creates neighbourhood property, bear certificates as provided in the approved forms each suitably attested in the approved form.
(4) If the subdivision has not been provided for in the development contract and it is necessary to amend that contract, the necessary instrument requesting amendment should be lodged with the plan of subdivision and a suitable note referring to the amending instrument shown on the plan in the column for notes.
(5) If a replacement sheet of the neighbourhood property plan is required, the replacement sheet must be prepared on the approved form and must bear, in the note column, a statement in the approved form.
(6) The schedule of unit entitlements which must be an initial schedule may comprise more than one sheet and all sheets must:
(a) be prepared in accordance with clause 21, if applicable; and
| (b) | bear a notation in terms of the approved form in the column provided for such notations; and |
| (c) | contain a reference to new lots created and their unit entitlements which add up to the prior entitlement of the lot or lots subdivided; and |
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(d)
in the column headed “unit entitlement” opposite the lot or lots subdivided, show a reference to the new lot or lots created; and
(e)
in the column headed “subdivision” opposite the lot or lots subdivided, show a reference to the sheet of the neighbourhood plan which created the lot or lots; and
(f) bear a certificate as provided in the approved form.
Consolidation of community or precinct development lots of neighbourhood lots
29. (1) Every plan lodged in the Land Titles Office for registration as a community plan of consolidation, a precinct plan of consolidation or a neighbourhood plan of consolidation must include:
(a) an additional sheet of the detail plan which shows the lots consolidated as one lot with a new identity; and (b) a replacement sheet of the schedule of unit entitlements showing the unit entitlement of the consolidated lot. (2) The additional sheet of the detail plan, which may contain more than one sheet:
(2) may be compiled from information in the community, precinct or neighbourhood plan, unless the information is conflicting or the Registrar-General requires a plan of survey, and (a) must show only detail for the lots being consolidated, with the adjoining lots being shown by number only; and (b) must be prepared on the approved form; and (c) must comply with clause 19; and (d) must have on the first sheet a surveyor's certificate in accordance with the approved form suitably qualified as regards the extent of any compilation, and additional sheets must show the date of the surveyor's certificate and be signed by the surveyor; and (e) must contain a note in the relevant column as set out in the approved form. (3) The replacement sheet of the schedule of unit entitlements,
which may be an initial or a revised schedule depending on the plan
containing the lots being consolidated, must include:
(a)
the unit entitlement of the consolidated lot or lots as the sum of the entitlements of the lots which comprise such consolidated lot; and
1990 - NO. 405
| (b) | against the superseded lots, a reference to the new lot, and in the “subdivision” column a reference to the sheet of the plan which shows the new consolidated parcel; and |
| (c) | a certificate regarding the valuation in the approved form signed by the surveyor who prepared the plan; and |
| (d) | statements in the approved forms in the note column. |
Conversion of a community or precinct development lot or neighbourhood lot
30. (1) To convert a community development lot to community property, a precinct development lot to precinct property or a neighbourhood lot to neighbourhood property there must be lodged in the Land Titles Office:
| (a) | an instrument of conversion prepared in accordance with clause 46; and |
| (b) | a replacement sheet for the community property plan, precinct property plan or neighbourhood property plan; and |
| (c) | a replacement sheet for the schedule of unit entitlements, which may be an initial or revised schedule as the circumstances require. |
(2) The replacement sheet for the association property plan must be prepared in the approved form and must bear the following:
| (a) | a certificate by a surveyor in accordance with the approved form, suitably amended to indicate that the plan was compiled, if that is the case; and |
| (b) | a certificate by the consent authority in accordance with the approved form that it approves the conversion; and |
| (c) | the signature or seal of the registered proprietor of the lot the subject of the conversion; and |
| (d) | a certificate under the seal of the community, precinct or neighbourhood association in the approved form that it has by unanimous resolution consented to the conversion, which should be suitably attested in the approved form; and |
| (e) | in the note column, a statement in the approved form; and |
| (f) | if the lot being converted is held by the original proprietor, a certificate under the seal of the community, precinct or neighbourhood association in accordance with the approved |
1990 - NO. 405
form that the initial period has expired or an office copy of an
Order of the Supreme Court approving the conversion.
(3) The replacement sheet of the schedule of unit entitlements must be prepared in the approved form and must bear the following:
(a)
in the plan drawing area, a certificate by the relevant association, in accordance with the approved form, that it agrees to the schedule of unit entitlements; and
(b) in the note column, statements in the approved forms; and
(c)
in the note column, a statement by the surveyor who prepared the plan, in accordance with the approved form regarding the calculation of the unit entitlements of the remaining lots; and
(d)
in the note column, where the conversion is ordered by the Supreme Court, a note in accordance with the approved form that the schedule of unit entitlements complies with the Court’s direction.
Severance of a community or precinct development lot
31. (1) If it is proposed to sever a community development lot or precinct development lot from a scheme, an instrument of severance prepared in accordance with clause 46 must be lodged in the Land Titles Office.
(2) The instrument should be accompanied by:
(a)
a replacement sheet of the initial or revised schedule of unit entitlements; and
(b)
a certificate of the consent authority consenting to the severance, in accordance with the approved form; and
(c) a certificate under seal of:
(i)
the community association, in the case of a community development lot; or
(ii)
the community association and the precinct association, in the case of a precinct development lot,
in the approved form, unless the severance is ordered by the
Supreme Court; and(d)
if the severance is ordered by the Supreme Court, an office copy of the Order; and
(e)
consent of any mortgagee, chargee or covenant chargee of the lot.
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(3) The instrument must be signed by the proprietor of the lot and the consenting association, unless the severance is ordered by the Supreme Court.
(4) Where ordered by the Supreme Court, the instrument should be signed by the successful applicant for the Order.
(5) The schedule of unit entitlements must:
| (a) | bear all the information required by clause 21; and |
| (b) | bear a certificate signed by a registered surveyor in the approved form and statements in the note column in the approved forms; and |
| (c) | be clearly marked “Initial” or “Revised” Schedule, as the case may be; and |
| (d) | be signed and dated by or on behalf of the consent authority to indicate approval to the severance. |
Subdivision of a community development lot by a precinct plan or subdivision of a development lot in a community or precinct plan by a neighbourhood plan
32. Every plan lodged in the Land Titles Office for registration as a precinct plan or as a neighbourhood plan subdividing a development lot in a community or precinct plan must be prepared in accordance with Part 3.
Subdivision of a development lot in a community or precinct plan by
a strata plan
33. Every plan lodged in the Land Titles Office for registration as a strata plan subdividing a development lot in a community or precinct plan must be prepared under the Strata Titles Act 1973 and must comply with the requirements of the Strata Titles Act Regulations 1974.
Dedication of neighbourhood property by neighbourhood association
34. (1) Neighbourhood property that is not part of a community scheme may be dedicated as a public road, public reserve or drainage reserve pursuant to section 21 by registration under the Conveyancing Act 1919 of a plan prepared under the Real Property Act Regulations 1970 as a deposited plan.
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(2) There must be lodged with the plan dedicating the road or reserve a replacement sheet of the neighbourhood property plan showing the reduced content of the neighbourhood property lot.
(3) The replacement sheet of the neighbourhood property plan (a)
be prepared on the approved form in accordance with clause 20; and
(b)
show the land dedicated which must be shown as “road” or “reserve” as the case may be;
(c) show the residue of the neighbourhood property as lot 1; and (d)
bear in the note column a certificate in the approved form, by the neighbourhood association, that it has approved the dedication by unanimous resolution; and
(e)
bear a certificate in the approved form, by the neighbourhood association, that the initial period has expired or, where the initial period has not expired, be accompanied by an office copy of an Order of the Supreme Court that it has authorised the dedication; and
(f)
bear a certificate by the neighbourhood association in the approved form.
Acquisition or disposal of neighbourhood property
35. (1) A neighbourhood association that is not part of a community scheme may acquire additional neighbourhood property pursuant to section 23 and may dispose of neighbourhood property pursuant to section 24 by the registration of an instrument of transfer under the provisions of the Real Property Act 1900.
(2) The replacement sheet showing the altered boundaries of the neighbourhood property lot should be prepared on the approved form in accordance with clause 20 where applicable and must bear the following:
(a) a certificate by a surveyor in the approved form; (b) a certificate by the consent authority in the approved form; (c)
if neighbourhood property is being disposed of, certificates in accordance with the approved forms;
(d)
if neighbourhood property is being disposed of, a certificate in the approved form or an office copy of an Order of the Supreme Court approving the transfer; and
1990 - NO. 405
| (e) | if additional neighbourhood property is being acquired, a certificate of acceptance by the neighbourhood association in the approved form. |
Revised schedule of unit entitlements
36. (1) A revised schedule of unit entitlements must be prepared as a replacement sheet of the plan concerned on the approved forms.
(2) The sheet containing the revised schedule must be prepared in accordance with clause 21 if applicable.
(3) The revised schedule of unit entitlements must bear a certificate under the seal of the relevant association in accordance with the approved form that the association approved the revised schedule by special resolution.
(4) The revised schedule of unit entitlements plan must bear a certificate by the surveyor in accordance with the approved form unless this requirement is waived at the discretion of the Registrar-General.
(5) The schedule must be clearly labelled “Revised Schedule of Unit Entitlements”.
Works as executed plan and access way plans
37. (1) Every works as executed plan lodged under section 36 and every access way plan lodged under Part 5 of the Act must be prepared in the approved form in accordance with clause 6 if applicable.
(2) Any such plan must be lodged together with the relevant management statement and becomes effective on registration of the plan of which the management statement forms part.
(3) Where such a plan consists of more than one sheet, the sheets must be numbered consecutively in the top right hand corner beginning with sheet 1 in the following terms:
“Sheet ........ of ......... Sheets”.
(4) There must be shown on the first page of each plan:
(a) the number of the scheme to which it relates; and
(b) a description of the scheme; and
| (c) | the name, signature and qualification of the person authorised to certify the plan. |
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(5) A works as executed plan must:
(a) illustrate the position of:(i) all existing services for which statutory easements are to be created; and
(ii) all proposed services which are intended to be provided within the scheme and over which a statutory easement is proposed to be created;
(b)
show sufficient information to locate the position of each service within each lot or association property through which the service passes; and
(c)
show sufficient depths or levels for each service so that it can be located; and
(d)
indicate the nature of the relevant service and how it is provided: e.g. “sewer pipe” or “overhead wires”.
(6) An access way plan must:
(a)
illustrate the position of each access way within the association property; and
(b)
define by survey or features, or both, and, if required, mark the boundaries of each access way; and
(c)
show the position of the carriageway and any footway within the access way and, if required by the Registrar-General, relate them by survey to the boundaries of the access way and relate the access way to the boundaries of the relevant association property and
(d)
show and define the extent of any open access way and any private access way and indicate how the position of the point of change of status will be indicated; and
(e)
if any such ways have been named, show the names within the relevant way; and
(f)
bear a note in the approved form that the access ways are still association property and are not public roads.
Acquisition plan
38. (1) An acquisition plan, which is a plan prepared to define part or parts of a lot or association property to be purchased by a resuming authority instead of being resumed, must be prepared in accordance with the Real Property Act Regulations 1970.
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(2) Any such plan must be lodged for registration as a deposited
plan. (3) It should bear a note that the land is to be transferred to the
resuming authority and will be excluded from the relevant scheme.
PART 5 - DEVELOPMENT CONTRACT AND MANAGEMENT
STATEMENT
Development contract
39. (1) A neighbourhood development contract must be in the approved form.
(2) As well as containing the matters set out in Schedule 2, all development contracts must prominently display on the first page a warning in the following form:
WARNING
| (1) | This contract contains details of a *neighbourhood/ |
| *precinct/*community scheme which is proposed to be | |
| developed on the land described in it. Interested persons are advised that the proposed scheme may be varied, but only in accordance with section 16 of the Community Land Management Act 1989. | |
| *If the scheme forms part of a staged development, interested persons are advised of the possibility that the scheme may not be completed and may be terminated by Order of the Supreme Court. |
NOTE: Delete if not applicable.
| (2) | This contract should not be considered alone, but in conjunction with the results of the searches and inquiries normally made in respect of a lot in the scheme concerned. Attention is drawn in particular to the management statement registered at the Land Titles Office with this contract, which statement sets out the management rules governing the scheme and provides details of the rights and obligations of lot owners under the scheme. |
| (3) | Further particulars about the details of the scheme are available in: |
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* .......... local environmental plan No. .........
* development control plan ... of ............. Council* development consent dated ................ granted by
..........................
(4) The terms of this contract are binding on the original proprietor and any purchaser, lessee or occupier of a lot in the scheme. In addition, the original proprietor covenants with the association concerned and with the subsequent proprietors jointly and with each of them severally to develop the land the subject of the scheme in accordance with the development consent as modified or amended with the consent authority’s approval from time to time.
Management statement
40. (1) A community management statement required by section 5
must be in the approved form.
(2) A precinct management statement required by section 9 must be in the approved form.
(3) A neighbourhood management statement required by section 13 or 18 must be in the approved form.
Development contracts and management statements: general
requirements
41. The development contract and management statement, and instruments setting out amendments to sheets of the development contract or management statement, must comply with the following requirements:
(a)
The text must be clearly printed or written across the width of each sheet of paper used.
(b) Sheets used must have clear margins:
(i) on the face of the first sheet - of not less than 35 mm (on the left-hand side), 10 mm (on the right- hand side), 56 mm (at the top) and 10 mm (at the bottom); and
1990 - NO. 405
(ii) on the face of each subsequent sheet - of not less than 35 mm (on the left-hand side) and 10 mm (on the right-hand side, at the top and at the bottom).
| (c) | Paper used must be either: | |
|
115 grammes per square metre and of not less bursting
strength than 345 kilopascals (with a tolerance of 20 per
cent); or(ii) white offset of no less substance than 105 grammes per square metre, free from discolouration and blemishes, of not less bursting strength than 240 kilopascals; or
(iii)
such other paper as is approved by the Registrar-General,
and must be 355 mm in length by 250 mm in width.
| (d) | Typewriting may be used provided a dense black or dark blue non-copying record ink is used and the lines of typewriting do not overlap. A carbon copy, or a copy in which the typewritten characters blur or spread, or are liable to mark or damage an adjacent sheet, will not be accepted. |
| (e) | Handwriting and any imprint of a seal must be clear and legible and in permanent dense black or dark blue non-copying ink. |
| (f) | The printing or writing must not extend into any margin. |
| (g) | Any alteration must be made by interlineation, by striking through the matter to be altered or by the use of typewriter automatic correcting devices but not by rubbing or scraping of the paper or by the use of patent correcting fluids. Each alteration must be initialled or verified by the developer or the developer’s agent. |
| (h) | Signatures or initials noticing alterations by interlineation or the striking through of matter, must be placed in the left-hand margin as near as practicable to each alteration. |
(i) The final sheet of a development contract and the management statement must bear the certificate of the consent authority and must be signed by the developer or the developer’s agent.
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Amendment of development contract which excludes a lot or part of
a lot from the scheme42. Every amendment of a development contract lodged in the Land Titles Office for registration which excludes a development lot wholly or partly from a development scheme must be accompanied by a plan of subdivision and such other plans and dealings as are necessary to give effect to the exclusion, including a statement showing an appropriate adjustment of the unit entitlements.
Amendment of development contract or management statement
43. A development contract or management statement may be amended by lodging in the Land Titles Office for registration an instrument setting out the proposed amendment and accompanied by a dealing in a form approved under the Real Property Act Regulations 1970 requesting the Registrar-General to give effect to the proposed amendment and to make such notation as the Registrar-General deems necessary on the folios of the lot affected.
Certificate by consent authority for amendment of development contract
44. A certificate by the consent authority given pursuant to section 27 must be in or to the effect of the approved form.
PART 6 - LODGMENT OF PLANS
Lodgment of plans
45. (1) Every plan intended to be lodged in the Land Titles Office
for registration as a community, precinct or neighbourhood plan, or an
additional or replacement sheet of any of those plans, must:
(a)
be free from blemishes and from creases caused by folding or otherwise; and
(b)
be produced by hand to the proper officer at the Land Titles Office, accompanied by
(i)
a duly completed plan lodgment form (which must indicate the name, in full, of the registered proprietor of the land, the name of the person on whose behalf the plan is being lodged, the name and full postal address of the person by whom the plan is being lodged and such
1990 - NO. 405
particulars of title to the land as the Registrar-General
may require); and(ii) two prints of each sheet of the plan (each sheet being a positive reproduction on a light background) and, if the original plan bears evidence of consent authority approval, one of the prints of each sheet must contain particulars of that approval under an original signature of the council clerk or other appropriate officer; and
(iii) if so required by the Registrar-General, in the case of a plan lodged for registration as a community, precinct or neighbourhood plan - the certificate of title or Crown grant for the land comprising the parcel; and
(iv) if so required by the Registrar-General, in the case of a plan lodged for registration as an additional or replacement sheet - the certificates of title for the land comprised in the plan and for the community, precinct or neighbourhood property comprised in the community, precinct and neighbourhood scheme, unless evidence is furnished to the satisfaction of the Registrar-General that any relevant certificate of title or Crown grant is in the custody of the Registrar-General and that the Registrar-General has authority to use that instrument in connection with registration of the plan; and
(v) the prescribed fee.
(2) The Registrar-General may inspect, to the extent that the
| Registrar-General thinks fit, any plan presented at | the Land Titles |
| Office for registration and may refuse to accept for registration any |
such plan which is not, in respect of the matters inspected, in
registrable form when so presented.
(3) The right of the Registrar-General to make any such inspection shall operate in addition to, and not in derogation of, the Registrar-General’s right subsequently to notify to the persons concerned any matters which may arise in the course of investigation of the plan.
(4) The Registrar-General may refuse to accept for lodgment, and,
if accepted, may reject, any plan which, in the Registrar-General’s
opinion, does not comply with the provisions of this Regulation.
1990 - No. 405
PART 7 - INSTRUMENTS
Instruments of conversion, severance, release of easements or restrictions and applications to the Registrar-General to terminate a scheme
46. Any instrument of conversion, severance or release of an easement or restriction, and any application to the Registrar-General to terminate a scheme, must be prepared in an approved form and is to be in the form of a dealing, within the meaning of the Real Property Act 1900, and must comply with Regulation 6(1)(a) of the Real Property Act Regulations 1970.
Other instruments (ie. s. 88B instruments, requests to amend, leases and transfers)
47. Any section 88B instrument, request for amendment, lease or transfer prepared for the purposes of the Act is to be in the form of a dealing, within the meaning of the Real Property Act 1900, must be prepared in a form approved under the Real Property Act Regulations 1970 and must comply with Regulation 6(1)(a) of these Regulations.
Release of multiple easements, restrictions on the use of land or positive covenants
48. Multiple easements, restrictions on the use of land or positive covenants to be released in accordance with clause 7 of Schedule 12 must be released by the registration of an instrument in the approved form that, when lodged for registration, is annexed to a request form approved under the Real Property Act Regulations 1970.
Lodging
49. Every instrument intended to be lodged at the Land Titles Office must be produced by hand to the proper officer and be accompanied by the appropriate prescribed fee.
Rejection etc.
50. The Registrar-General may refuse to accept for lodgment and, if accepted, may reject any instrument which, in the Registrar General’s opinion, does not comply with the provisions of this Regulation.
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Request to notify orders of the community schemes board or a superior court
51. (1) Requests to notify Orders of the Community Schemes Board or a superior court must be in a form approved under the Real Property Act 1900 and prepared in accordance with Regulation 6(1)(a) of the Real Property Act Regulations 1970.
(2) Any such request must be accompanied by an office copy of the relevant order.
Expiration of initial period
52. (1) On expiry of the initial period, the community, precinct or neighbourhood association may request the Registrar-General to record the expiration of such period on the folio of the Register for the community, precinct or neighbourhood property. Such a request should be in a form approved under the provisions of the Real Property Act 1900 for notifying the expiration of an initial period and be accompanied by an instrument containing a certificate in the approved form suitably attested in accordance with the approved form. On lodgment of such a request, the Registrar-General will make such recording as the Registrar-General thinks fit on the folio of the Register for the relevant community, precinct or neighbourhood property.
(2) If the expiry has not been previously notified, the required certificate and attestation must be endorsed on the relevant dealings or plans referred to in Schedule 7 or 10. On lodgment of any such dealing or plan, the Registrar-General will make such recording as the Registrar-General thinks fit on the folio of the Register for the relevant community, precinct or neighbourhood property.
PART 8 - RESUMPTIONS
Plan of parcel or current plan
53. (1) A plan of a parcel or a current plan must be prepared under the provisions of Divisions 1 and 2 of Part 3 of the Real Property Act Regulations 1970 for registration as a deposited plan. Such a plan must be a plan of survey unless the Registrar-General approves preparation of a compiled plan prior to its lodgment.
(2) If the plan is required, it must bear a statement in the approved
form.
1990 - NO. 405
Resumption of part of community, precinct or neighbourhood property
54. (1) If a resuming authority resumes part of the community, precinct or neighbourhood property and excludes it from the scheme, the authority must lodge, in addition to a current plan, a replacement sheet of the community, precinct or neighbourhood property plan which defines as a lot the residue of the relevant community, precinct or neighbourhood property.
(2) Such a plan must be prepared in accordance with the provisions of clauses 20 and 25.
Resumption of part of a lot not excluded from a scheme
55. (1) If a resuming authority resumes part of a lot in a scheme and does not exclude it from the scheme, it should lodge an additional sheet of the detail plan of the relevant community, precinct or neighbourhood plan.
(2) Such a plan should show details of the part of the lot resumed and the residue as separate lots. The additional sheet should be prepared in accordance with the provisions of clauses 19 and 24.
(3) Where the Supreme Court with the consent of the proprietor decides the residue of the lot vests as association property, the resuming authority must lodge, in addition to the sheet referred to in subclause (1), a replacement sheet of the relevant association property plan showing the altered boundaries of the association property.
(4) The plans referred to in subclauses (1) and (3) should bear a statement in the approved form.
(5) If the land resumed is part of a strata scheme, the resuming
authority must lodge a strata plan of subdivision showing the land
resumed as a lot or lots in that plan.
(6) Any such plan must be prepared in accordance with the provisions of the Strata Titles Act Regulations 1974.
Resumption of part of a lot which is excluded from scheme
56. (1) If the residue of the lot part of which is resumed is to be a
lot in the scheme, the resuming authority must lodge an additionalsheet of the detail plan establishing the identity of the residue of the
1990 - No. 405
lot. Such a sheet must be prepared in accordance with clauses 19 and
24.
(2) If the residue of such a lot vests in the relevant community, precinct or neighbourhood association as association property, the resuming authority must lodge a replacement sheet of the community, precinct or neighbourhood property plan establishing the identity of the new association property. Such a plan should be prepared in accordance with clauses 20 and 25.
(3) The plans referred to in subclauses (1) and (2) should bear a statement in the approved form.
(4) If the land resumed is part of a strata scheme, the resuming authority must lodge a strata plan of subdivision showing the land resumed as a lot or lots in that plan. Such a plan must be prepared under the provisions of the Strata Titles Act Regulations 1974.
Replacement schedule of unit entitlements
57. (1) If, as a result of resumption action, the Supreme Court orders adjustment of the unit entitlements of a scheme, a replacement sheet of the schedule of unit entitlements sealed by the Court must be lodged by the resuming authority.
(2) Such a sheet must be prepared in accordance with clauses 21 and 25 and will be an initial or revised schedule as the circumstances require.
Amendment of development contract or management statement by
Supreme Court
58. (1) If, as a result of resumption action, the Supreme Court orders amendment to the development contract or management statement, or both, the resuming authority must prepare the necessary instrument in accordance with this Regulation setting out details of the amendments.
(2) If the order contains sufficient details, it may be used instead of an instrument, otherwise it should be accompanied by the instrument as evidence of the Court’s instruction.
Resumption application
59. A resumption application lodged in the Land Titles Office for
registration must be prepared in a form approved under the Real
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Property Act 1900 and comply with Regulation 6(1)(a) of the Real
Property Act Regulations 1970.
PART 9 - MISCELLANEOUS
Prescribed time
60. The prescribed time for the purposes of clause 2 (b) of Schedule 11 is 2 months before the plans are lodged with the consent authority for approval.
Fees payable to Registrar-General
61. The following fees are payable to the Registrar-General in respect of the matters referred to:
$
1. On lodgment of a plan for registration as one of
the following: community, precinct or neighbourhood plan, community, precinct or neighbourhood plan of subdivision, community, precinct or neighbourhood plan of consolidation or a boundary adjustment within a community or precinct or neighbourhood plan
For a plan comprising up to and including 4 sheets 220 For each additional sheet in excess of 4 50 And, in addition, for each lot shown in the plan 47 If the plan lodged is for registration as a community, precinct or neighbourhood plan:
For the management statement which must accompany the plan and which may include plans or sketches or both
94
If there is a development contract lodged with the last-mentioned plans:
For the development contract 94 1990 - NO. 405
And, where the last mentioned plans are accompanied by an instrument referred to in clause 13, irrespective of the number of lots intended to be burdened or benefited by an easement or restriction as to use set out in that instrument:
(a)
if the plan identifies only one such easement and no such restriction as to use, an additional
47
(b) if the plan identifies only one such restriction as to use and no such easement, an additional 47 (c) in cases other than those described in subparagraph (a) or (b), an additional 94
If the plan lodged is for registration as a community, precinct or neighbourhood plan of consolidation - for each folio of the Register to be consolidated, an additional
12
2. On lodgment of an additional or replacement sheet of a registered plan in conjunction with an application to amend a plan, a dealing or a resumption application 47 3. On lodgment of an instrument referred to in clause 13 in substitution for another such instrument or part of it - such fee as would be appropriate to the instrument as an original fee 4. On lodgment of an application to amend a plan 47
And, in addition, if the application involves the amendment of a certificate of title or folio of the Register,
(a) for the first certificate or folio 47 (b) for each certificate or folio after the first 6 5. On lodgment of an application to amend a
management statement 47
1990 - NO. 405
6. On lodgment of a notice of conversion or
severance 47 7. On lodgment of a notification of change of
address for service of notices on an association 47 8. On lodgment of an order varying a community,
precinct or neighbourhood scheme 47 9. On lodgment of an order terminating a
community, precinct or neighbourhood scheme 47 10.
On lodgment of a certificate that the initial period has expired, given by an association pursuant to section 28 47 11.
On lodgment of a copy of an order referred to in section 40 certified by the Community Schemes Commissioner 47 12. On lodgment of an amendment to a development
contract 47 13. On lodgment of a request accompanied by an
instrument releasing multiple easements:
(a) for the first certificate or folio 47 (b) for each certificate or folio after the first 6 14. For supplying a copy, available from the Departmental Copy Services:
of a plan 3.50 of a management statement 3.50 of a development contract 3.50 of an annexure 3.50 1990 - NO. 405
NOTES
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Citation
2. Commencement
3. Definitions
PART 2 - GENERAL REQUIREMENTS FOR DEPOSITED PLANS
4. Application of Part
5. Register of deposited plans
6. Content of plans
7. Plan of survey
8. Power of Registrar-General to alter plans
9. Alterations
10. Community, precinct and neighbourhood plans etc.: certain easements etc. not to be noted
11. Community, precinct and neighbourhood plans: dedicating a public road or creating a public reserve or drainage reserve
12. Community, precinct and neighbourhood plans: certain easements etc. to be noted
13. Community, precinct and neighbourhood plans: accompanying instrument
re easements etc.
PART 3 - COMMUNITY PLANS, PRECINCT PLANS
AND NEIGHBOURHOOD PLANS
14. Plans generally distictive reference
15. Content of plans
16. Kinds of plan sheets
17. Information to be included on plan sheets
18. Location diagram
19. Detail plan
20. Community, precinct or neighbourhood property plan
21. Schedule of unit entitlements
22. Numbering of plan sheets
PART 4 - OTHER PLANS AFFECTING COMMUNITY,
PRECINCT OR NEIGHBOURHOOD SCHEMES
23. Action affecting community schemes, precinct schemes and neighbourhood schemes
24. Additional sheet
25. Replacement sheet
26. Boundary adjustment plan
27. Subdivision of a development lot in a community or precinct plan to create further development lots by a community plan of subdivision or precinct plan of subdivision
1990 - NO. 405
28. Subdivision of neighbourhood lots or neighbourhood property (or both) in a neighbourhood scheme by a neighbourhood plan of subdivision
29 Consolidation of community or precinct development lots or neighbourhood lots
30. Conversion of a community or precinct development lot or neighbourhood lot
31. Severance of a community or precinct development lot
32. Subdivision of a community development lot by a precinct plan or subdivision of a development lot in a community or precinct plan by a neighbourhood plan
33. Subdivision of a development lot in a community or precinct plan by a strata plan
34. Dedication of neighbourhood property by neighbourhood association
35. Acquisition or disposal of neighbourhood property
36. Revised schedule of unit entitlements
37. Works as executed plan and access way plans
38. Acquisition plan
PART 5 - DEVELOPMENT CONTRACT AND MANAGEMENT
STATEMENT
39. Development contract
40. Management statement
41. Development contracts and management statements: general requirements
42. Amendment of development contract which excludes a lot or part of a lot from the scheme as a result of a resumption
43. Amendment of development contract or management statement
44. Certificate by consent authority for amendment of development contract
PART 6 - LODGMENT OF PLANS
45. Lodgment of plans
PART 7 - INSTRUMENTS
46. Instruments of conversion, severance, release of easements or restrictions and applications to the Registrar-General to terminate a scheme
47. Other instruments (ie. s. 88B instruments, requests to amend, leases and transfers)
48. Release of multiple easements, restrictions on the use of land or positive covenants
49. Lodging
50. Rejection etc.
51. Request to notify orders of the community schemes board or a superior court
52. Expiration of initial period
PART 8 - RESUMPTIONS
53. Plan of parcel or current plan
54. Resumption of part of community, precinct or neighbourhood property
1990 - NO. 405
55. Resumption of part of a lot not excluded from a scheme
56. Resumption of part of a lot which is excluded from scheme
57. Replacement schedule of unit entitlements
58. Amendment of development contract or management statement by Supreme Court
59. Resumption application
PART 9 - MISCELLANEOUS
60. Prescribed time
61. Fees payable to Registrar-General
EXPLANATORY NOTE
The object of this Regulation is to provide administrative details necessary for the commencement of the Community Land Development Act 1989.
The Regulation makes provision with respect to:
(a) the preparation of community plans, precinct plans and neighbourhood plans and the instruments that are required to accompany those plans; and (b) the preparation of other instruments (such as development contracts, management statements and instruments relating to easements, land use restrictions and resumptions that affect community, precinct or neighbourhood schemes; and (c) fees payable for the purposes of that Act.
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