Community Land Development Act 1989 (NSW)
This Act is to be repealed on the commencement of sec 116(a) of the Community Land Development Act 2021 No 6 (not commenced).
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
An Act to facilitate the subdivision and development of land with shared property; and for other purposes.
This Act may be cited as the Community Land Development Act 1989.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) is lodged for registration as a current plan, and
(b) shows the parts of lots and association property within a scheme that are to be purchased by a resuming authority under section 34.
(a) in relation to a community scheme—the community property in the scheme, or
(b) in relation to a precinct scheme—the precinct property in the scheme, or
(c) in relation to a neighbourhood scheme—the neighbourhood property in the scheme.
(a) is constituted by section 25 on the registration of a community plan, and
(b) is established as a community association by section 5 of the Community Land Management Act 1989.
(a) the manner of subdivision of land by a community plan, and
(b) if land in the community plan is subdivided by a precinct plan—the manner of subdivision of the land by the precinct plan, and
(c) the manner of subdivision of land in the community plan, or of land in such a precinct plan, by a neighbourhood plan or a strata plan, and
(d) the proposals in any related development contract, and
(e) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 1989 and the Strata Schemes Development Act 2015 in relation to the community association, its community property, the subsidiary schemes and persons having interests in, or occupying, development lots and lots in the subsidiary schemes.
(a) in relation to a community plan—a sheet or sheets of the plan showing details of each of the community development lots in the community scheme, or
(b) in relation to a precinct plan—a sheet or sheets of the plan showing details of each of the precinct development lots in the precinct scheme, or
(c) in relation to a neighbourhood plan—a sheet or sheets of the plan showing details of each of the neighbourhood lots in the neighbourhood scheme, whether or not any sheet includes land dedicated as a public road or a lot for dedication as a public reserve or drainage reserve.
(a) in relation to a community scheme—the person who, for the time being, is the registered proprietor of a community development lot in the community plan, or
(b) in relation to a precinct scheme—the person who, for the time being, is the registered proprietor of a precinct development lot in the precinct plan, or
(c) in relation to a neighbourhood scheme—the original proprietor of the neighbourhood parcel.
(a) the erection of a building on the land, or
(b) the carrying out of a work in, on, under or over the land, or
(c) the use of the land or of a building or work on the land, or
(d) the subdivision of the land, not excluded by regulations under the Environmental Planning and Assessment Act 1979 from the definition of
development in that Act.
(a) a strata scheme—the initial period defined in the Strata Schemes Management Act 2015, or
(b) a neighbourhood scheme—the period that commences when the neighbourhood association is constituted and ends when the sum of the unit entitlements of lots in the neighbourhood scheme of which the original proprietor is not the proprietor is at least one-third of the total unit entitlement under the neighbourhood scheme, or
(c) a precinct scheme—the period that commences when the precinct association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the precinct scheme, or
(d) a community scheme—the period that commences when the community association is constituted and ends when the sum of the unit entitlements of former development lots in the scheme that are the subject of neighbourhood or strata schemes for which the initial period has expired is at least one-third of the total unit entitlement under the community scheme.
(a) under section 5 with a community plan, or
(b) under section 9 with a precinct plan, or
(c) under section 13 or 18 with a neighbourhood plan.
(a) is a lot or portion, or 2 or more lots or portions, in a current plan, or
(b) is land the subject of a transaction referred to in section 23G of the Conveyancing Act 1919, or
(c) is land referred to in both paragraph (a) and paragraph (b).
(a) the location of the community parcel, precinct parcel or neighbourhood parcel in relation to natural and artificial features such as rivers, harbours, the ocean, roads and railways, and
(b) a diagrammatic representation of the parcel and the lots in the plan, without dimensions, and
(c) the distance of the parcel from the nearest intersection of public roads.
(a) is constituted by section 25 on the registration of a neighbourhood plan, and
(b) is established as a neighbourhood association by section 7 of the Community Land Management Act 1989.
(a) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 2 or more different neighbourhood lots, or
(b) for the subdivision of 1 or more neighbourhood lots (whether or not the neighbourhood scheme is part of a community scheme) into 1 or more different neighbourhood lots and related neighbourhood property, or
(c) for the subdivision of 1 or more neighbourhood lots and neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more different neighbourhood lots and related neighbourhood property, or
(d) for the subdivision of neighbourhood property in a neighbourhood scheme that is not part of a community scheme into 1 or more neighbourhood lots and related neighbourhood property.
(a) the manner of subdivision of land by a neighbourhood plan, and
(b) the proposals in any related development contract, and
(c) the rights conferred, and the obligations imposed, by or under this Act and the Community Land Management Act 1989 in relation to the neighbourhood association, its neighbourhood property and the proprietors and other persons having interests in, or occupying, the neighbourhood lots.
(a) constituted by section 25 on the registration of a precinct plan, and
(b) established as a precinct association by section 6 of the Community Land Management Act 1989.
(a) the manner of subdivision of land by a precinct plan, and
(b) the manner of subdivision of land in the precinct plan by a neighbourhood plan or a strata plan, and
(c) the proposals in any related development contract, and
(d) the rights conferred, and the obligations imposed, by or under this Act, the Community Land Management Act 1989 and the Strata Schemes Development Act 2015 in relation to the precinct association, its precinct property, the subsidiary schemes and persons having interests in, or occupying, development lots and lots in the subsidiary schemes.
(a) a person for the time being recorded in the Register as entitled to an estate in fee simple in the lot, or
(b) a person who has in the lot an interest referred to in section 47 of the Community Land Management Act 1989 of which notice has been given under that section to an association.
(a) the council of a local government area, and
(b) a corporation prescribed by the regulations as a public authority.
(a) has membership of the Australian Valuers Institute (other than associate or student membership), or
(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or
(d) is of a class prescribed by the regulations.
(a) association property of which the use is restricted by a management statement, or
(b) common property of which the use is restricted by by-laws in force under the strata scheme of which it forms part.
(a) that is passed at a duly convened meeting of a community association and against which not more than one-quarter in value (ascertained in accordance with clause 12 of Schedule 5, or clause 15 of Schedule 6, to the Community Land Management Act 1989) of votes is cast, or
(b) that is passed at a duly convened meeting of a precinct association and against which not more than one-quarter in value (ascertained in accordance with clause 26 of Schedule 5, or clause 35 of Schedule 6, to the Community Land Management Act 1989) of votes is cast, or
(c) that is passed at a duly convened meeting of a neighbourhood association and against which not more than one-quarter in value (ascertained in accordance with clause 40 of Schedule 5, or clause 55 of Schedule 6, to the Community Land Management Act 1989) of votes is cast, or
(d) that is a special resolution within the meaning of the Strata Schemes Management Act 2015.
(a) is created by this or any other Act or a Commonwealth Act, and
(b) affects land in a community plan, a precinct plan, a neighbourhood plan or a strata plan, and
(c) is enforceable against a proprietor, an association or a strata corporation, whether or not it has been recorded in the Register.
(a) a strata scheme under the Strata Schemes Development Act 2015 that includes common property and is part of a community scheme, and
(b) the proposals in any related development contract, and
(c) the rights conferred, and the obligations imposed, by or under the Strata Schemes Development Act 2015, this Act and the Community Land Management Act 1989 in relation to the scheme.
(a) in relation to a community scheme—the precinct association, neighbourhood association or strata corporation constituted under a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) in relation to a precinct scheme—the neighbourhood association or strata corporation constituted under a neighbourhood scheme or strata scheme that is part of the precinct scheme.
(a) in relation to a community scheme—the precinct parcel, neighbourhood parcel or strata parcel that is the subject of a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) in relation to a precinct scheme—the neighbourhood parcel or strata parcel that is the subject of a neighbourhood scheme or strata scheme that is part of the precinct scheme.
(a) in relation to a community scheme—a precinct scheme, neighbourhood scheme or strata scheme that is part of the community scheme, or
(b) in relation to a precinct scheme—a neighbourhood scheme or strata scheme that is part of the precinct scheme.
This Act is to be interpreted as part of the Real Property Act 1900 but, if there is an inconsistency between them, this Act prevails.
For the purposes of this Act, land is contiguous even if it is divided by, or separated from other land by, a natural feature, a railway, a public road, a public reserve or a drainage reserve.
A reference in this Act to a development consent, development contract, community management statement, precinct management statement or neighbourhood management statement includes a reference to the consent, contract or statement as from time to time modified or amended in accordance with this Act.
This section applies to—
(a) plans lodged for the purposes of this Act, and
(b) other documents, except office copies of court orders, that—
(i) are required by or under this or any other Act to be lodged with those plans, or
(ii) are of a class prescribed by the regulations made under this Act as documents that may be lodged in electronic form.
A reference in this Act—
(a) to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and
(b) to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and
(c) to a sheet of a plan or another document that is in electronic form, is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination.
If a plan is lodged electronically, all other documents that are required to be lodged with the plan must also be lodged electronically in an electronic form approved by the Registrar-General, except—
(a) office copies of court orders, and
(b) any other documents excepted from this requirement by regulations under this or any other Act or by the Registrar-General.
Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General.
This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act or the Conveyancing Act 1919 or the regulations under either of those Acts.
Subject to subsection (2), the object of this Act is to facilitate the subdivision of land into parcels for separate development or disposition—
(a) with an interest in associated land in the nature of common or shared property, and
(b) with or without further subdivision (including a subdivision under the Strata Schemes Development Act 2015) in conjunction with the development of another such parcel or other such parcels.
A plan is not registrable under this Act if, in the opinion of the Registrar-General, it is essentially for—
(a) the subdivision of a building into lots, or into lots and common property, where the lots are, by reference to the building, made to correspond to attached or semi-detached units within the building (whether or not a lot includes land not within the building), or
(b) the subdivision of land into lots and common property, where the common property comprises mainly land above a lot or lots or land below a lot or lots, or
(c) the subdivision of land into lots limited wholly or partly in height or in depth.
This Act binds the Crown except in relation to a requirement to obtain an approval, consent or certificate from a consent authority.
Land that is not part of a community parcel, precinct parcel, neighbourhood parcel or strata parcel may be subdivided by the registration of a community plan as a deposited plan.
A community plan must include, as sheets of the plan—
(a) a location diagram, and
(b) a detail plan, and
(c) a community property plan, and
(d) an initial schedule of unit entitlements.
The Registrar-General may refuse to register a community plan as a deposited plan unless—
(a) the plan complies with Schedule 1, and
(b) the initial schedule of unit entitlements complies with Schedule 11, and
(c) there is endorsed on the plan the address at which documents may be served on the community association constituted on registration of the plan, and
(d) the documents referred to in subsection (4) are lodged for registration with the plan.
The documents required to be lodged for registration with a community plan are—
(a) a community management statement that complies with Schedule 3 and that, on registration, will become binding in accordance with section 13 of the Community Land Management Act 1989, and
(b) any other prescribed documents.
There may be lodged for registration with a community plan a development contract for the community scheme that complies with Schedule 2 and that, on registration, will become binding in accordance with section 15 of the Community Land Management Act 1989.
The documents registered with the plan form part of the plan.
On registering a community plan, the Registrar-General—
(a) is to make in the folio for the community property the recordings required by Schedule 5, and
(b) may make, in the folio for a community development lot, a recording relating to the community property, and
(c) may make such other recordings and notations as the Registrar-General thinks fit.
An adjustment that, in the opinion of the Registrar-General, is a minor adjustment may be made to the boundaries between community development lots and the community property in a community plan by registration of a boundary adjustment plan.
A boundary adjustment plan must include, as sheets of the plan—
(a) a replacement sheet for the community property plan showing the altered boundaries of the community property, and
(b) an additional sheet for the detail plan of the community plan showing the altered boundaries of affected community development lots.
The Registrar-General may refuse to register a boundary adjustment plan unless—
(a) the plan complies with Schedule 1, and
(b) any other prescribed documents are lodged for registration with the plan.
A boundary adjustment plan registered under this section—
(a) operates, without any further assurance, to vest the land in accordance with the adjusted boundaries, and
(b) does not of itself give rise to any liability for stamp duty.
Two or more, but not all, of the community development lots in the same community plan may be consolidated by the registration of a community plan of consolidation as a deposited plan.
A community plan of consolidation must include, as sheets of the plan—
(a) an additional sheet for the detail plan of the community plan showing the boundaries of the consolidated lot, and
(b) a replacement sheet for the initial or revised schedule of unit entitlements for the community plan that differs from the existing schedule only by showing as the unit entitlement for the consolidated lot the sum of the unit entitlements for the lots that have been consolidated.
The Registrar-General may refuse to register a community plan of consolidation unless—
(a) the plan complies with Schedule 1, and
(b) any replacement sheet for the initial schedule of unit entitlements complies with Schedule 11, and
(c) any other prescribed documents are lodged with the plan.
A community development lot may be subdivided into 2 or more community development lots and no other lot or lots by a community plan of subdivision registered as a deposited plan.
A community plan of subdivision must include, as sheets of the plan—
(a) an additional sheet for the detail plan of the community plan showing the boundaries of the development lots created by the subdivision, and
(b) a replacement sheet for the initial or revised schedule of unit entitlements for the community plan.
The Registrar-General may refuse to register a community plan of subdivision as a deposited plan unless—
(a) the plan complies with Schedule 1, and
(b) the replacement sheet for the initial or revised schedule of unit entitlements complies with Schedule 11 as if it were an initial schedule of unit entitlements, and
(c) the documents referred to in subsection (4) are lodged for registration with the plan.
The documents required to be lodged for registration with a community plan of subdivision are—
(a) a certificate by the consent authority that has been given in the approved form and is to the effect that the plan is not inconsistent with the development consent, and
(b) if a development contract has been registered and an amendment of the development contract is to be registered for the purposes of section 16 of the Community Land Management Act 1989—a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.
The documents registered with the plan form part of the plan.
A community development lot may be subdivided by the registration of a precinct plan as a deposited plan.
A precinct plan must include, as sheets of the plan—
(a) a location diagram, and
(b) a detail plan, and
(c) a precinct property plan, and
(d) an initial schedule of unit entitlements.
The Registrar-General may refuse to register a precinct plan as a deposited plan unless—
(a) the plan complies with Schedule 1, and
(b) the initial schedule of unit entitlements complies with Schedule 11, and
(c) the plan includes the address at which documents may be served on the precinct association constituted on registration of the plan, and
(d) the documents referred to in subsection (4) are lodged for registration with the plan.
The documents required to be lodged for registration with a precinct plan are—
(a) a precinct management statement that complies with Schedule 3 and that, on registration, will become binding in accordance with section 13 of the Community Land Management Act 1989, and
(b) any other prescribed documents.
There may be lodged for registration with a precinct plan a development contract for the precinct scheme that complies with Schedule 2 and that, on registration, will be binding in accordance with section 15 of the Community Land Management Act 1989.
The documents registered with the plan form part of the plan.
On registering the precinct plan, the Registrar-General—
(a) is to make in the folio for the precinct property the recordings required by Schedule 5, and
(b) may make, in the folio for a precinct development lot, a recording relating to the precinct property, and
(c) may make such other recordings and notations as the Registrar-General thinks fit.
An adjustment that, in the opinion of the Registrar-General, is a minor adjustment may be made to the boundaries between precinct development lots and precinct property in a precinct plan by registration of a boundary adjustment plan.
A boundary adjustment plan must include, as sheets of the plan—
(a) a replacement sheet for the precinct property plan showing the altered boundaries of the precinct property, and
(b) an additional sheet for the detail plan of the precinct plan showing the altered boundaries of affected precinct development lots.
The Registrar-General may refuse to register a boundary adjustment plan unless—
(a) the plan complies with Schedule 1, and
(b) any other prescribed documents are lodged for registration with the plan.
A boundary adjustment plan registered under this section—
(a) operates, without any further assurance, to vest the land in accordance with the adjusted boundaries, and
(b) does not of itself give rise to any liability for stamp duty.
Two or more, but not all, of the precinct development lots in the same precinct plan may be consolidated by the registration of a precinct plan of consolidation as a deposited plan.
A precinct plan of consolidation must include, as sheets of the plan—
(a) an additional sheet for the detail plan of the precinct plan showing the boundaries of the consolidated lot, and
(b) a replacement sheet for the initial or revised schedule of unit entitlements for the precinct plan that differs from the existing schedule only by showing as the unit entitlement for the consolidated lot the sum of the unit entitlements for the lots that have been consolidated.
The Registrar-General may refuse to register a precinct plan of consolidation unless—
(a) the plan complies with Schedule 1, and
(b) any replacement sheet for the initial schedule of unit entitlements complies with Schedule 11, and
(c) any other prescribed documents are lodged with the plan.
A precinct development lot may be subdivided into 2 or more precinct development lots and no other lot or lots by a precinct plan of subdivision registered as a deposited plan.
A precinct plan of subdivision must include, as sheets of the plan—
(a) an additional sheet for the detail plan of the precinct plan showing the boundaries of the development lots created by the subdivision, and
(b) a replacement sheet for the initial or revised schedule of unit entitlements for the precinct plan.
The Registrar-General may refuse to register a precinct plan of subdivision as a deposited plan unless—
(a) the plan complies with Schedule 1, and
(b) the replacement sheet for the initial or revised schedule of unit entitlements complies with Schedule 11 as if it were an initial schedule of unit entitlements, and
(c) the documents referred to in subsection (4) are lodged with the plan.
The documents required to be lodged with a precinct plan of subdivision are—
(a) a certificate by the consent authority that is in the approved form and is to the effect that the plan is not inconsistent with the development consent, and
(b) if a development contract has been registered and an amendment of the development contract is to be registered for the purposes of section 16 of the Community Land Management Act 1989—a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.
The documents registered with the plan form part of the plan.
A development lot may be subdivided—
(a) by a neighbourhood plan registered as a deposited plan, or
(b) by a registered strata plan that includes common property.
A neighbourhood plan must include, as sheets of the plan—
(a) a location diagram, and
(b) a detail plan, and
(c) a neighbourhood property plan, and
(d) an initial schedule of unit entitlements.
The Registrar-General may refuse to register a neighbourhood plan subdividing a development lot unless—
(a) the plan complies with Schedule 1, and
(b) the initial schedule of unit entitlements complies with Schedule 11, and
(c) there is endorsed on the plan the address at which documents may be served on the association constituted on registration of the plan, and
(d) the documents referred to in subsection (4) are lodged for registration with the plan.
The documents required to be lodged for registration with a neighbourhood plan are—
(a) a neighbourhood management statement that complies with Schedule 4 and that, on registration, will become binding in accordance with section 13 of the Community Land Management Act 1989, and
(b) a development contract that complies with Schedule 2 and that will become binding in accordance with section 15 of the Community Land Management Act 1989, and
(c) any other prescribed documents.
On registering a neighbourhood plan or strata plan subdividing a development lot, the Registrar-General—
(a) is to make in the folio for the neighbourhood property or common property in the plan the recordings required by Schedule 5, and
(b) may make in the folio for a neighbourhood lot or strata lot in the subdivision a recording relating to the community property and, if the development lot was a precinct development lot, the precinct property, and
(c) may make such other recordings and notations as the Registrar-General thinks fit.
The documents registered with a plan form part of the plan.
A community development lot may be converted to community property, or a precinct development lot may be converted to precinct property, by the registration of an instrument in the approved form.
The Registrar-General may refuse to register such an instrument unless Schedule 6 is complied with.
On registration of the instrument, the Registrar-General is to cancel the folio for the development lot.
A community development lot may be severed from a community scheme, or a precinct development lot may be severed from a precinct scheme, by the registration of an instrument in the approved form.
The Registrar-General may refuse to register a severance of a development lot unless Schedule 8 is complied with.
On registration of the instrument severing a development lot, the Registrar-General is to—
(a) make such recordings in the folio for the severed lot as the Registrar-General thinks fit in order to give effect to the severance while preserving subsisting interests recorded in the folio, and
(b) make such notations on the related community plan or precinct plan with respect to the severance as the Registrar-General thinks fit.
A severed lot ceases to be a development lot but continues to be a lot in a current plan for the purposes of section 23F of the Conveyancing Act 1919.
A community association or precinct association may add to its association property by registering under the Real Property Act 1900 a lease to it of land that is not part of, but is contiguous to, the community parcel or precinct parcel.
The Registrar-General may refuse to register a lease under this section unless Schedule 9 is complied with.
A community association or precinct association may surrender a lease accepted by it under this section if—
(a) it so decides by a unanimous resolution, and
(b) the lessor consents.
In relation to a lease under this section, such recordings may be made in the Register as the Registrar-General thinks fit.
In this section—
(a) the land in a qualified or limited folio, and
(b) a perpetual lease from the Crown.
(c) (Repealed)
(a) a sublease, and
(b) a leasehold estate or interest acquired by transfer.
A community association or precinct association may grant a lease of some, but not all, of its association property that is not held by it on lease.
A community association or precinct association may—
(a) transfer a lease accepted or acquired by the association under section 16, if such a transfer is not prevented by the terms or conditions of the lease, or
(b) grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.
An association may, by unanimous resolution, accept a surrender of, or exercise a right of re-entry under, a lease granted by it under this section.
The Registrar-General may refuse to register a lease, transfer of a lease or sublease under this section unless—
(a) the instrument is made subject to any interest (other than an interest of a subsidiary body or of the proprietors of development lots or neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and
(b) Schedule 10 is complied with.
A certificate lodged under clause 2 of Schedule 10 is, in favour of—
(a) the Registrar-General, and
(b) a person taking under a lease to which it refers,
conclusive evidence of the facts certified.
In order to establish a neighbourhood scheme that is not part of a community scheme or precinct scheme, land that is not part of a community parcel, precinct parcel or strata parcel may be subdivided by the registration of a neighbourhood plan as a deposited plan.
A neighbourhood plan must include, as sheets of the plan—
(a) a location diagram, and
(b) a detail plan, and
(c) a neighbourhood property plan, and
(d) an initial schedule of unit entitlements.
The Registrar-General may refuse to register a neighbourhood plan as a deposited plan unless—
(a) the plan complies with Schedule 1, and
(b) the initial schedule of unit entitlements complies with Schedule 11, and
(c) there is endorsed on the plan the address at which documents may be served on the association constituted on registration of the plan, and
(d) the documents referred to in subsection (4) are lodged for registration with the plan.
The documents required to be lodged for registration with a neighbourhood plan are—
(a) a neighbourhood management statement that complies with Schedule 4 and that, on registration, will become binding in accordance with section 13 of the Community Land Management Act 1989, and
(b) a development contract that complies with Schedule 2 and that will become binding in accordance with section 15 of the Community Land Management Act 1989.
On registering the neighbourhood plan, the Registrar-General—
(a) is to make in the folio for the neighbourhood property the recordings required by Schedule 5, and
(b) may make in the folio for a neighbourhood lot a recording relating to the neighbourhood property, and
(c) may make such other recordings and notations as the Registrar-General thinks fit.
The documents registered with the plan form part of the plan.
Two or more, but not all, of the neighbourhood lots in a neighbourhood plan may, whether or not the neighbourhood scheme is part of a community scheme, be consolidated by the registration of a neighbourhood plan of consolidation as a deposited plan.
A neighbourhood plan of consolidation must include as sheets of the plan—
(a) an additional sheet for the detail plan of the neighbourhood plan showing the boundaries of the consolidated lot, and
(b) a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan in the approved form that differs from the existing schedule only by showing as the unit entitlement for the consolidated lot the sum of the unit entitlements for the lots that have been consolidated.
The Registrar-General may refuse to register a neighbourhood plan of consolidation unless—
(a) the plan complies with Schedule 1, and
(b) any replacement sheet for the initial schedule of unit entitlements complies with Schedule 11, and
(c) any other prescribed documents are lodged for registration with the plan.
A neighbourhood lot may, whether or not the neighbourhood scheme is part of a community scheme, be converted to neighbourhood property by the registration of an instrument in the approved form.
The Registrar-General may refuse to register such an instrument unless Schedule 7 is complied with.
On registration of the instrument, the Registrar-General is to cancel the folio for the neighbourhood lot.
The neighbourhood association for a neighbourhood scheme that is not part of a community scheme may, by registration of a plan of subdivision under section 195 of the Conveyancing Act 1919, dedicate some, but not all, of its neighbourhood property—
(a) to open or widen a public road, or
(b) to create a public reserve, or
(c) to create a drainage reserve.
The Registrar-General may refuse to register a plan dedicating neighbourhood property unless Schedule 10 is complied with.
On registration of a plan dedicating neighbourhood property, the land in the plan ceases to be neighbourhood property.
Neighbourhood lots or neighbourhood property, or neighbourhood lots and some, but not all, of the related neighbourhood property, may be subdivided by the registration of a neighbourhood plan of subdivision as a deposited plan.
A neighbourhood plan of subdivision must include, as sheets of the plan—
(a) if the plan subdivides or creates neighbourhood property—a replacement sheet for the neighbourhood property plan showing the altered boundaries of the neighbourhood property, and
(b) if the plan subdivides or creates neighbourhood lots—an additional sheet of the detail plan of the neighbourhood plan showing the boundaries of the neighbourhood lots created by the subdivision, and
(c) a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan.
The Registrar-General may refuse to register a neighbourhood plan of subdivision unless—
(a) the plan complies with Schedule 1, and
(b) Schedule 10 is complied with if the plan subdivides or creates neighbourhood property, and
(c) the replacement sheet for the initial or revised schedule of unit entitlements complies with Schedule 11 as if it were an initial schedule of unit entitlements, and
(d) if a neighbourhood lot being subdivided is held by the original proprietor—the initial period has expired or the Tribunal has authorised the subdivision, and
(e) if the plan subdivides or creates neighbourhood property—there is lodged with the plan a certificate in the approved form that is given under the seal of the neighbourhood association and is to the effect that the proposed subdivision has been approved by unanimous resolution of the association, and
(f) if an amendment of the development contract for the neighbourhood scheme is to be registered for the purposes of section 16 of the Community Land Management Act 1989—there is lodged for registration with the plan a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.
A neighbourhood lot created by a subdivision of neighbourhood property ceases to be neighbourhood property.
Neighbourhood lots, and neighbourhood property, may be subdivided only—
(a) in accordance with subsection (1), or
(b) by an acquisition plan.
A neighbourhood association may add to its neighbourhood property by registering under the Real Property Act 1900 a lease to it of land that is not part of, but is contiguous to, the neighbourhood parcel.
The neighbourhood association for a neighbourhood scheme that is not part of a community scheme may add to its neighbourhood property by registering under the Real Property Act 1900 a transfer to it of land held in fee simple that is not part of, but is contiguous to, the neighbourhood parcel.
The Registrar-General may refuse to register a lease or transfer under this section unless Schedule 9 is complied with.
A neighbourhood association may surrender a lease accepted by it under this section if—
(a) it so decides by unanimous resolution, and
(b) the lessor consents.
The Registrar-General may make in relation to a lease, surrender of lease or transfer under this section such recordings in the Register as the Registrar-General thinks fit.
In this section—
(a) the land in a qualified or limited folio, or
(b) a perpetual lease from the Crown.
(c) (Repealed)
(a) a sublease, and
(b) a leasehold estate or interest acquired by transfer.
A neighbourhood association may grant a lease of some, but not all, of its neighbourhood property that is not held by it on lease.
A neighbourhood association may, by unanimous resolution—
(a) transfer a lease of land accepted or acquired by the association under section 23, if such a transfer is not prevented by the terms or conditions of the lease, or
(b) grant by way of sublease, a lease of any or all of its estate or interest in land the subject of a lease so accepted or acquired, if such a grant is not prevented by the terms or conditions of the lease.
If a neighbourhood scheme is not part of a community scheme, the neighbourhood association may execute a transfer of land that—
(a) is part of its neighbourhood property that is not held by it on lease and is shown as a lot in a deposited plan lodged for registration as a current plan, or
(b) is a neighbourhood lot that is not held by it on lease and was created by a subdivision of its neighbourhood property under section 22.
Subsection (2) does not authorise a neighbourhood association to dispose of all of its neighbourhood property.
A neighbourhood association may, by unanimous resolution, accept a surrender of, or exercise a right of re-entry under, a lease granted by it under this section.
The Registrar-General may refuse to register a lease, sublease or transfer under this section unless—
(a) the instrument is made subject to any interest (other than an interest of the neighbourhood association or the proprietors of the neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and
(b) Schedule 10 is complied with.
A certificate lodged under clause 2 of Schedule 10 is, in favour of—
(a) the Registrar-General, and
(b) a person taking under a lease to which it refers,
conclusive evidence of the facts certified.
Land transferred under subsection (2) (a) ceases to be neighbourhood property.
The registration of a community plan operates to constitute a corporation with the corporate name “Community Association D.P. No ”, the number to be inserted being that of the deposited plan registered as the community plan.
The registration of a precinct plan operates to constitute a corporation with the corporate name “Precinct Association D.P. No ”, the number to be inserted being that of the deposited plan registered as the precinct plan.
The registration of a neighbourhood plan operates to constitute a corporation with the corporate name “Neighbourhood Association D.P. No ”, the number to be inserted being that of the deposited plan registered as the neighbourhood plan.
The membership and functions of the corporations are as stated in the Community Land Management Act 1989.
If an application for development consent to development in accordance with a proposed community scheme or precinct scheme is accompanied by a proposed development contract, the consent authority may not grant the development consent unless the proposed development contract complies with Schedule 2 and is approved by the consent authority in the approved form.
The consent authority may not grant consent to the subdivision to be effected by a neighbourhood plan unless it also gives approval in the approved form to a proposed development contract for the neighbourhood scheme that complies with Schedule 2 and is lodged with the application for consent.
The granting of a development consent referred to in subsection (1) or (2) may be, but is not required to be, subject to a condition requiring the community parcel, precinct parcel or neighbourhood parcel to be developed in accordance with the development contract.
A condition under subsection (3) has effect as a condition authorised by, and imposed under, section 80 of the Environmental Planning and Assessment Act 1979.
If development consent approving a development contract is required and is granted, the consent authority must certify on the development contract—
(a) that consent has been granted to the development proposed by the instruments, plans and drawings that comprise the development contract, and
(b) that the instruments, plans and drawings are not inconsistent with the development consent,
and must provide the applicant for consent with a copy of the development contract bearing the certificate.
An amendment made under the Community Land Management Act 1989 to a development contract may be registered by means of such recordings in the Register as the Registrar-General thinks fit.
The Registrar-General may refuse an application for registration of such an amendment unless—
(a) it is in the approved form and is accompanied by the prescribed fee, and
(b) it bears the approval of the consent authority, and
(c) if approval of the amendment by an association is required under section 16 of the Community Land Management Act 1989—it bears a certificate by the association to the effect that the amendment was approved by the association as required by that section, and
(d) if such an approval is not required—it bears a certificate by the developer to the effect that the association has been notified of the amendment.
A notification of the expiration of the initial period under a community scheme, precinct scheme or neighbourhood scheme may be lodged with the Registrar-General and recorded in the folio for the association property under the scheme.
A notification under subsection (1) must—
(a) be in the approved form, and
(b) be executed under seal by the relevant community association, precinct association or neighbourhood association.
A notification recorded under this section is, in favour of the Registrar-General, conclusive evidence of the expiration of the initial period.
An initial schedule of unit entitlements must comply with Schedule 11.
A revised schedule of unit entitlements must be based on a table of values provided by the Valuer-General under the Valuation of Land Act 1916 for the purposes of section 30.
The Registrar-General is to notify the Valuer-General of the date of registration of—
(a) an instrument severing a community development lot from a community scheme, and
(b) an instrument severing a precinct development lot from a precinct scheme, and
(c) the neighbourhood plan for a neighbourhood scheme that is not part of a community scheme, and
(d) a community plan of subdivision, and
(e) a precinct plan of subdivision, and
(f) a neighbourhood plan of subdivision, and
(g) an acquisition plan.
If a community association is satisfied that the scheme under which it is constituted has been completed, it may lodge for registration a revised schedule of unit entitlements.
After registration of the neighbourhood plan for a neighbourhood scheme that is not part of a community scheme, the neighbourhood association may lodge for registration a revised schedule of unit entitlements.
If the schedule of unit entitlements in force for a community scheme, precinct scheme or neighbourhood scheme is a revised schedule lodged under section 8, 12, 15, 22 or 34, the community association or, if it is not part of a community scheme, the neighbourhood association, may lodge another revised schedule of unit entitlements for registration by the Registrar-General.
A revised schedule of unit entitlements lodged under subsection (2) or (4) by a community association must be lodged as—
(a) a replacement sheet for the existing schedule of unit entitlements for the community plan showing the unit entitlement of each community development lot, and of each former community development lot, in the scheme, and
(b) a replacement sheet for the existing schedule of unit entitlements for each precinct plan (if any) within the community scheme showing the unit entitlement of each precinct development lot, and of each former precinct development lot, in the precinct scheme, and
(c) a replacement sheet for the existing schedule of unit entitlements for each neighbourhood plan within the community scheme showing the unit entitlement of each neighbourhood lot in the neighbourhood scheme.
A revised schedule of unit entitlements lodged under subsection (3) or (4) by the neighbourhood association for a neighbourhood scheme that is not part of a community scheme must be lodged as a replacement sheet for the existing schedule of unit entitlements for the neighbourhood plan showing the unit entitlement of each neighbourhood lot in the scheme and the total of those unit entitlements.
A revised schedule of unit entitlements lodged for registration by an association must—
(a) be in the approved form, and
(b) be clearly identified as a revised schedule, and
(c) show as a whole number the unit entitlement of each development lot, former development lot or neighbourhood lot to which it relates, and
(d) show as a whole number the total of the unit entitlements under paragraph (c), and
(e) be based on a table of values provided by the Valuer-General under section 76 (3) of the Valuation of Land Act 1916 showing the values of the affected lots at the same base date, and
(f) be accompanied by a certificate that is in the approved form, is given under the seal of the association and is to the effect that the revised schedule has been approved by a special resolution of the association.
On registration of the plan or dealing by which it is created, association property vests in the relevant association.
Land vests under this section for the estate or interest evidenced by the folio for the land.
On vesting, the land is freed from any mortgage, charge, covenant charge, writ or caveat that affected it immediately before it became association property.
The estate or interest of an association in its association property is held by it—
(a) if it has only 1 member—as agent for the member, or
(b) if it has more than 1 member—as agent for all the members as tenants in common in the shares prescribed by section 32.
The share of the proprietor of a community development lot in the community property is a proportionate share the same as the proportion that is borne to the total unit entitlement under the community scheme by the unit entitlement for the community development lot.
The share of a subsidiary body in community property is a proportionate share the same as the proportion that is borne to the total unit entitlement under the community scheme by the unit entitlement for the former community development lot that is subject to the subsidiary scheme.
The share of the proprietor of a precinct development lot in the precinct property is a proportionate share the same as the proportion that is borne to the total unit entitlement under the precinct scheme by the unit entitlement for the precinct development lot.
The share of a subsidiary body in precinct property is a proportionate share the same as the proportion that is borne to the total unit entitlement under the precinct scheme by the unit entitlement for the former precinct development lot that is subject to the subsidiary scheme.
The share of the proprietor of a neighbourhood lot in neighbourhood property is a proportionate share the same as the proportion that is borne to the total unit entitlement under the neighbourhood scheme by the unit entitlement for the neighbourhood lot.
The estate or interest of an association in association property may be dealt with only in accordance with this Act and the Community Land Management Act 1989.
The estate or interest in community property held by the community association as agent for the proprietor of a community development lot may be dealt with in conjunction with the lot.
The estate or interest in association property held by a community association or precinct association as agent for a subsidiary body may be dealt with in conjunction with the subsidiary parcel.
The estate or interest in precinct property held by a precinct association as agent for the proprietor of a precinct development lot may be dealt with in conjunction with the precinct development lot.
The estate or interest in neighbourhood property held by a neighbourhood association as agent for the proprietor of a neighbourhood lot may be dealt with in conjunction with the neighbourhood lot.
A reference in a dealing or caveat—
(a) to a lot that is a community development lot, or is a neighbourhood lot or strata lot that forms part of a community scheme—includes (without being expressly stated) a reference to the estate or interest in the community property held by the community association as agent for its members, or
(b) to a lot that is a precinct development lot, or is a neighbourhood lot or strata lot that forms part of a precinct scheme—includes (without being expressly stated) a reference to the estate or interest in the precinct property held by the precinct association as agent for its members, or
(c) to a lot that is a neighbourhood lot—includes (without being expressly stated) a reference to the estate or interest in the neighbourhood property held by the neighbourhood association as agent for its members.
Subsection (6) has effect without a recording being made in the folio for the association property.
A resuming authority may, as an alternative to a resumption by the authority of part of the land in a community scheme, precinct scheme or neighbourhood scheme—
(a) register an acquisition plan, and
(b) purchase the land in the acquisition plan.
The Registrar-General may refuse to register an acquisition plan unless—
(a) the plan bears a statement to the effect that, on being transferred to the resuming authority, the land is excluded from the related scheme, and
(b) applicable documents referred to in subsection (3) are lodged with the plan, and
(c) any replacement sheet (other than a replacement sheet for a schedule of unit entitlements) or additional sheet required to be lodged with the plan complies with Schedule 1.
The documents required to be lodged for registration with an acquisition plan are—
(a) if the plan is for, or includes, a subdivision of association property—a replacement sheet for the community property plan, precinct property plan or neighbourhood property plan showing the altered boundaries of the association property, and
(b) if the plan is for, or includes, a subdivision of a development lot or neighbourhood lot—an additional sheet of the detail plan for the community plan, precinct plan or neighbourhood plan showing the altered boundaries of the lot, and
(c) if the plan is for, or includes, a subdivision of a community development lot—a replacement sheet that complies with Schedule 11 as if it were an initial schedule of unit entitlements and is a replacement sheet for the initial or revised schedule of unit entitlements for the community plan, and
(d) if the plan is for, or includes, a subdivision of a precinct development lot—replacement sheets that comply with Schedule 11 as if they were initial schedules of unit entitlements and are replacement sheets for the initial or revised schedules of unit entitlements for the precinct plan and community plan, and
(e) if the plan is for, or includes, a subdivision of a neighbourhood lot within a community scheme—replacement sheets that comply with Schedule 11 as if they were initial schedules of unit entitlements and are replacement sheets for the initial or revised schedules of unit entitlements for the neighbourhood plan, any precinct plan and the community plan for the scheme or schemes under which the neighbourhood scheme is a subsidiary scheme, and
(f) if the plan is for, or includes, a subdivision of a neighbourhood lot that is not within a community scheme—a replacement sheet that complies with Schedule 11 as if it were an initial schedule of unit entitlements and is a replacement sheet for the initial or revised schedule of unit entitlements for the neighbourhood plan, and
(g) if an amendment of a development contract is to be registered for the purposes of section 16 of the Community Land Management Act 1989—a request for registration of the amendment that is in the approved form and is accompanied by the prescribed documents.
An association may sell part of its association property to a resuming authority if—
(a) the part to be sold is included in an acquisition plan, and
(b) the sale is authorised by a special resolution of the association.
The Registrar-General may refuse to register a transfer of association property included in an acquisition plan unless the transfer is accompanied by a certificate that—
(a) is in the approved form and is given under the seal of the association, and
(b) is to the effect that the sale has been approved by a special resolution of the association.
On the registration of a transfer to a resuming authority of land in an acquisition plan—
(a) any interest in restricted property that benefits or burdens the land is extinguished, and
(b) if any of the land is association property—it ceases to be association property, and
(c) this Act and the Community Land Management Act 1989 cease to apply to the land.
This section has effect despite any other provision of this Act.
If authorised by a unanimous resolution, a community association may—
(a) execute a dealing creating an easement which burdens its community property or a restriction on the use of land or a positive covenant which burdens its community property or the whole of the community parcel, or
(b) accept a dealing creating an easement which, or a restriction on the use of land or a positive covenant which, benefits its community property or the whole of the community parcel, or
(c) execute a dealing releasing or varying an easement (other than the statutory easement under section 36) which, or a restriction on the use of land or a positive covenant which, benefits its community property or the whole of the community parcel, or
(d) accept a dealing releasing or varying an easement (other than the statutory easement under section 36) which, or a restriction on the use of land or a positive covenant which, burdens its community property or the whole of the community parcel.
A precinct association has, in relation to its precinct property and the precinct parcel, and a neighbourhood association has, in relation to its neighbourhood property and the neighbourhood parcel, the same powers as are conferred by subsection (1) on a community association in relation to its community property and the community parcel.
The Registrar-General may refuse to register a dealing under this section unless—
(a) the dealing is made subject to any interest (other than an interest of the association or the proprietors of development lots and neighbourhood lots) that is recorded in the Register as affecting the land and has not been released, and
(b) Schedule 10 is complied with.
A certificate under clause 2 of Schedule 10 is, in favour of—
(a) the Registrar-General, and
(b) a person taking under the dealing to which it refers,
conclusive evidence of the facts certified.
In this section—
(a) the supply of water, gas, electricity, artificially heated or cooled air or heating oil, and
(b) the provision of sewerage and drainage, and
(c) transmissions by telephone, radio or television.
(a) to provide a service line within a scheme and a service by means of the service line, and
(b) to maintain and repair the service line, and
(c) to enter—
(i) land within the scheme that would include, or includes, the service line, or
(ii) land within the scheme that is contiguous to the land referred to in subparagraph (i),
and do all such things as may be reasonably necessary to exercise the rights referred to in paragraphs (a) and (b).
If a service line is installed as part of a scheme before registration of the management statement relating to the scheme, the statutory easement is created within the scheme on registration of the management statement if it includes the prescribed diagram relating to the service line.
If—
(a) the management statement for a scheme is registered before a proposed service line is installed as part of the scheme, and
(b) the management statement includes the prescribed diagram for the proposed service line,
the statutory easement is created within the scheme on installation of the service line in accordance with the diagram.
The Registrar-General is to be notified in the approved form when the installation of a proposed service line is completed. The notification is to be given—
(a) by the developer if installation of the service line is completed during the initial period, or
(b) by the relevant association if installation of the service line is completed after the initial period.
If, after registration of a prescribed diagram for a proposed service line as part of the management statement for a scheme—
(a) the service line is installed in a different position from that shown in the prescribed diagram for the service line, and
(b) the later prescribed diagram is signed by the proprietors of the lots that would be burdened by the statutory easement for the service line shown in the diagram,
the later prescribed diagram must be lodged for registration and may be registered as an amendment of the management statement duly made under the Community Land Management Act 1989.
On registration under subsection (4) of an amendment of a management statement—
(a) the earlier prescribed diagram is to be taken to have been cancelled in so far as it is inconsistent with the later prescribed diagram, and
(b) the later prescribed diagram has effect on registration as if it had been registered immediately before installation of the service line.
On the creation within a scheme of the statutory easement for a service line—
(a) the easement is appurtenant to each lot in the scheme to which a service is provided by means of the service line, and
(b) land within the scheme in which the service line is located is subject to the easement to the extent that the lot is affected by the service line.
If the developer under a scheme enters into an agreement with a public authority for the provision and installation of a service line within the scheme, the public authority has the benefit of the statutory easement on and from its creation in relation to the service line.
If a service line is installed as part of a scheme after registration of the management statement, the developer must, within 1 month after installation of the service line, give a copy of the prescribed diagram relating to the service line to the association constituted under the scheme.
A proprietor of land, or a public authority, that has the benefit of a statutory easement is subject to the following covenants—
(a) that the rights under the easement will not be exercised in a manner that would unreasonably interfere with the use and enjoyment by any other proprietor of land burdened by the easement and, in particular, that in exercising the rights, any interference with the use and enjoyment of community, precinct or neighbourhood property by proprietors or occupiers of lots will be kept to a minimum,
(b) that any damage to, or interference with, the parts of the scheme affected by exercise of the rights conferred by the easement will, at the expense of the person exercising the rights, be made good—
(i) in the case of land within the scheme that would include, or includes, the service line—by restoring the land to a basic standard not including the repair or restoration of unusual or expensive landscaping or other works erected over the land, and
(ii) in the case of land within the scheme that is contiguous to the land referred to in subparagraph (i)—by restoring the land to its former state,
(c) that the person exercising the rights will leave the land on which they are exercised in a clean and tidy condition on completion of the installation, maintenance or repair of any service the subject of the easement.
The Registrar-General may make in the Register such recordings as the Registrar-General thinks fit in respect of any action taken under this section.
This section does not affect any rights or obligations relating to service lines that are conferred or imposed by another Act.
On registration of a plan, order of a court or other instrument that includes, or is accompanied by, a replacement sheet for a community property plan, a precinct property plan or a neighbourhood property plan, the Registrar-General is to substitute the replacement sheet for the corresponding sheet of the community plan, precinct plan or neighbourhood plan.
On registration of a plan, order of a court or other instrument that includes, or is accompanied by, an additional sheet of a detail plan for a community plan, precinct plan or neighbourhood plan, the Registrar-General is to file the additional sheet as an additional sheet of the community plan, precinct plan or neighbourhood plan.
On registration of a plan, order of a court or other instrument that includes, or is accompanied by, a replacement sheet for the schedule of unit entitlements for a community plan, precinct plan or neighbourhood plan, the Registrar-General is to cancel the previous schedule and substitute the replacement sheet for the corresponding sheet of the community plan, precinct plan or neighbourhood plan.
On taking the action referred to in subsection (1), (2) or (3), the Registrar-General may make in the Register such recordings as the Registrar-General thinks fit.
Division 3 of Part 23 of the Conveyancing Act 1919 applies to a replacement sheet or additional sheet for a plan in the same way as it applies to the plan.
On registration of a replacement sheet or additional sheet for a plan, the Registrar-General must provide a copy—
(a) if the plan is a community plan, a precinct plan or a neighbourhood plan within a community scheme—for the community association, and
(b) if the plan is a precinct plan or a neighbourhood plan within a precinct scheme—for the precinct association, and
(c) if the plan is a neighbourhood plan—for the neighbourhood association.
If a replacement sheet or additional sheet for a plan is a schedule of unit entitlements, the Registrar-General must, in addition to providing a copy under subsection (6), provide a copy for the Valuer-General, the Chief Commissioner of State Revenue and any other prescribed public authority.
On amending a schedule of unit entitlements, the Registrar-General is to comply with subsections (6) and (7) as if the amended schedule were a replacement sheet for a plan.
The Registrar-General may provide a copy of a replacement sheet or additional sheet for a plan for such other persons as the Registrar-General thinks fit.
Such notations as the Registrar-General thinks fit may be made on a replaced or amended schedule of unit entitlements.
In order to simplify the manner in which it is expressed, the Registrar-General may amend a schedule of unit entitlements without changing its effect.
An amendment made under the Community Land Management Act 1989 to a management statement may be registered by means of such recordings in the Register as the Registrar-General thinks fit.
The Registrar-General may refuse to register an amendment of a management statement unless it is lodged in the approved form together with the prescribed fee.
This section applies to an order made by the Tribunal or a Court that affects—
(a) unit entitlements, or
(b) a management statement, or
(c) restricted property.
If there is lodged with the Registrar-General—
(a) a certified copy of an order to which this section applies, and
(b) a request in the approved form, and
(c) the prescribed fee,
the Registrar-General is to make such recordings in the Register (including amendments of the schedule of unit entitlements and the management statement) as, in the opinion of the Registrar-General, are necessary to give effect to the order.
(Repealed)
In this section—
(a) if the order is an order of the Tribunal—certified by the principal registrar of that Tribunal, or
(b) if the order is an order of a Court—certified by the appropriate officer of the Court,
to be a true copy.
All or part of the land comprising the community property in a community scheme may be set apart as a means of open access connecting part of the community parcel and a public place.
A setting apart under subsection (1) is effected if the community management statement includes a plan that—
There must be lodged with a lease adding land to association property or a transfer adding land to the neighbourhood property under a neighbourhood scheme that is not part of a community scheme—
(a) the Crown grant for the land leased or transferred (except where a leasehold interest is acquired by transfer of lease or sublease), and
(b) (Repealed)
(c) a certificate under the seal of the relevant association to the effect that acceptance of the lease or transfer was authorised by a unanimous resolution, and
(d) if the instrument is a transfer of land held in fee simple—a replacement sheet for the neighbourhood property plan illustrating the altered boundaries of the neighbourhood property.
(Sections 17, 21, 22, 24, 35)
This Schedule applies to an instrument that is—
(a) a lease, sublease, or transfer of a lease of association property under section 17 or 24, or
(b) a plan dedicating neighbourhood property under section 21 to open or widen a public road or to create a public reserve or drainage reserve, or
(c) a neighbourhood plan of subdivision under section 22 subdividing or creating neighbourhood property in a neighbourhood scheme, or
(d) a transfer under section 24 of neighbourhood property in a neighbourhood scheme that is not part of a community scheme, or
(e) a dealing that is for the creation of easements, restrictions on the use of land or positive covenants as referred to in section 35 and that burdens association property, or
(f) a dealing that is for the release of an easement, restriction on the use of land or positive covenant as referred to in section 35 and that benefits association property.
There must be lodged with an instrument to which this Schedule applies a certificate in the approved form that is under the seal of the relevant association and is to the effect—
(a) that execution of the instrument was authorised by a unanimous resolution, and
(b) if the association has notice of an interest in the land (other than a statutory interest or an interest recorded in the Register) and the instrument has not been made subject to the interest—that the interest has been released, and
(c) that any by-law restricting the use of the association property no longer affects the interest passing under the instrument.
A neighbourhood association must not deal with land to which this Schedule applies, unless—
(a) the initial period has expired, or
(b) the dealing has been authorised by the Tribunal.
There must be lodged with a plan dedicating neighbourhood property under section 21 a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.
There must be lodged with a plan referred to in section 24 (2) (a) a replacement sheet for the neighbourhood property plan that illustrates the altered boundaries of the neighbourhood property.
(Sections 5, 7–9, 11–13, 18, 19, 22, 29, 34, Sch 6, Sch 7 and Sch 8)
An initial schedule of unit entitlements for a community scheme, precinct scheme or neighbourhood scheme must—
(a) be in the approved form, and
(b) be clearly identified as an initial schedule liable to be altered before, or on, completion of the scheme, and
(c) show as a whole number the unit entitlement of each development lot, former development lot or neighbourhood lot, and
(d) show as a whole number the total of the unit entitlements under paragraph (c).
The initial schedule of unit entitlements lodged with a community plan or precinct plan—
(a) must be based on the comparative market values of the lots (as if the lots were vacant) at the date of the valuation, and
(b) must be supported by a certificate in the approved form given by a qualified valuer at a time that is not earlier than the prescribed time.
The initial schedule of unit entitlements lodged with a neighbourhood plan must be based on the developer’s estimate of the relative values of the neighbourhood lots (as if the lots were vacant).
A replacement sheet for an initial or revised schedule of unit entitlements lodged with a community plan of subdivision or a precinct plan of subdivision—
(a) must be identified as an initial schedule in accordance with clause 1, and
(b) must not differ from the existing schedule except by showing the unit entitlement of each new lot and, as the total unit entitlement for the new lots, the unit entitlement for the subdivided lot, and
(c) must, in the case of a replacement sheet for an initial schedule of unit entitlements, be supported by a certificate by a qualified valuer given in the approved form and based on the market values of the new lots at the date of the valuer’s certificate lodged with the initial schedule of unit entitlements being replaced, and
(d) must, in the case of a replacement sheet for a revised schedule of unit entitlements, be based on the subdivider’s estimate of the market values of the new lots.
A replacement sheet for an initial or revised schedule of unit entitlements for a neighbourhood scheme that is lodged with a neighbourhood plan of subdivision or with an acquisition plan affecting a neighbourhood scheme—
(a) must be based on the subdivider’s estimate of the relative values of the new lots, and
(b) must be identified as an initial schedule in accordance with clause 1, and
(c) unless the plan subdivides or creates neighbourhood property—must differ from the existing schedule only by showing the unit entitlement for each new lot and, as the total unit entitlement of the new lots created by the subdivision, the unit entitlement for the subdivided lot.
A sheet lodged with an acquisition plan as a replacement sheet for the initial or revised schedule of unit entitlements for a community scheme or precinct scheme—
(a) must be identified as an initial schedule in accordance with clause 1, and
(b) must, in the case of a replacement sheet for an initial schedule of unit entitlements, be supported by a certificate by a qualified valuer given in the approved form and based on the market values of the new lots at the date of the valuer’s certificate lodged with the initial schedule of unit entitlements being replaced, and
(c) must, in the case of a replacement sheet for a revised schedule of unit entitlements, be based on the subdivider’s estimate of the market values of the new lots and former development lots in which the new lots are located.
This clause applies to a lot in a community plan, a precinct plan or a neighbourhood plan—
(a) that has a unit entitlement, and
(b) the whole or part of which is to be dedicated as a public road or public reserve.
If the whole or part of a lot to which this clause applies is dedicated as a public road or public reserve, a replacement sheet for the schedule of unit entitlements for the relevant scheme—
(a) must reduce the total of the unit entitlements for the scheme by—
(i) the unit entitlement of the lot, if the whole of the lot is dedicated as a public road or public reserve, or
(ii) if part of the lot is dedicated as a public road or public reserve, the unit entitlement that would have been attributable to that part if it had been created as a separate lot, and
(b) must comply with this Schedule as if it were an initial schedule of unit entitlements.
(Section 74)
The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act or any other Act that amends this Act.
A provision referred to in subclause (1) may, if the regulations so provide, take effect from the appointed day or a later date.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.
If the regulations so provide, a provision referred to in subclause (1) has effect despite any other clause of this Schedule.
In this clause—
Land in a deposited plan that includes a shared lot may be converted to land that is subject to a neighbourhood scheme by the registration under section 18 of a neighbourhood plan that—
(a) shows the shared lot as neighbourhood property, and
(b) shows each of the other lots in the deposited plan as a neighbourhood lot illustrated with the same measurements, and otherwise in the same way, as the corresponding lot is illustrated in the deposited plan, and
(c) (Repealed)
(d) bears the consent of each proprietor of a lot in the deposited plan (including the shared lot), and
(e) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in such a lot, and
(f) is accompanied by such other information as the Registrar-General may require.
The development contract that would otherwise be required by section 18 (4) need not be lodged with the plan unless application for registration of the plan is made by the developer.
Contiguous land of which part is in a deposited plan and part in a strata plan may, if the plans were registered, or lodged for registration, before the commencement of this clause, be converted to land in a community scheme by the registration under section 5 of a community plan that—
(a) shows as a lot the land that is to become community property, and
(b) shows as a development lot each strata parcel not affected by paragraph (a), and
(c) shows as a development lot the residue of each strata parcel affected by paragraph (a), and
(d) shows the contiguous land in the deposited plan as a development lot, or development lots, with related association property, and
(e), (f) (Repealed)
(g) bears the consent, given by a unanimous resolution, of the body corporate under the strata scheme, and
(h) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in land that would become a strata lot or development lot within the community scheme, and
(i) is accompanied by such other information as the Registrar-General may require.
A strata plan that, before registration of the community plan, had subdivided land shown in the community plan as a development lot referred to in subclause (1) (b) is to be taken to have effected the subdivision on registration of the community plan.
If the community plan includes a development lot referred to in subclause (1) (c)—
(a) the strata plan is to be taken to have effected the subdivision on registration of the community plan, and
(b) the Registrar-General is to make a recording in the folio for the common property for the strata scheme to the effect that the identity of the strata parcel has been redefined by the community plan.
The conversion under this clause of any common property to community property—
(a) vests the community property in the community association without any further assurance, and
(b) does not of itself give rise to any liability for stamp duty.
On registration of a community plan referred to in this clause, the Registrar-General may make in the folio for the common property in a strata scheme forming part of the community scheme such notations as the Registrar-General thinks fit in relation to the establishment of the community scheme.
In this clause—
(a) was registered, or lodged for registration, before the commencement of this clause, and
(b) includes common property, and
(c) in the opinion of the Registrar-General, is not essentially for the subdivision of buildings into lots.
The strata scheme to which the land in an open space strata plan is subject may be converted to a neighbourhood scheme by the registration under section 18 of a neighbourhood plan that—
(a) shows the common property in the strata scheme (other than land above or below a lot) as neighbourhood property, and
(b) if any common property comprises land above or below a lot—shows the common property either as part of the lot or as neighbourhood property, and
(c) shows each lot and related common property referred to in paragraph (b) in the open space strata plan as a neighbourhood lot, and
(d) (Repealed)
(e) bears the consent of each proprietor of a lot in the open space strata plan, and
(f) bears the consent of each registered mortgagee, chargee and covenant chargee having, and each caveator claiming, an interest in such a lot, and
(g) is accompanied by a certificate of a registered surveyor to the effect that the lots and common property have been reconstituted as lots and neighbourhood property under the neighbourhood scheme, and
(h) is accompanied by such other information as the Registrar-General may require.
The development contract that would otherwise be required by section 18 (4) need not be lodged with the plan unless the application for registration of the plan is made by the developer.
On the registration of a neighbourhood plan converting a strata scheme to a neighbourhood scheme under this clause, the Registrar-General is to—
(a) cancel the folios for the lots and common property in the strata scheme, and
(b) create new folios for neighbourhood lots and neighbourhood property in accordance with the neighbourhood plan.
On the conversion of a strata scheme to a neighbourhood scheme in accordance with this clause, the strata scheme is terminated and the neighbourhood association is constituted as a continuation of, and the same legal entity as, the strata corporation under the terminated scheme.
Land in contiguous strata schemes may be converted to land that is subject to a community scheme by the registration under section 5 of a community plan that—
(a) shows as a lot so much of the common property in the strata schemes as is to become community property under the community scheme, and
(b) shows as a development lot each strata parcel not affected by paragraph (a), and
(c) shows as a development lot the residue of each strata parcel affected by paragraph (a), and
(d) (Repealed)
(e) bears the signed consent, given by a unanimous resolution of each owners corporation constituted under the Strata Schemes Management Act 1996 for the strata schemes, and
(f) bears the signed consent of each mortgagee, chargee and covenant chargee having and each caveator claiming, an interest in land that would become a strata lot within the community scheme, and
(g) is accompanied by such other information as the Registrar-General may require.
A strata plan that, before registration of the community plan, had subdivided land shown in the community plan as a development lot referred to in subclause (1) (b) is to be taken to have effected the subdivision on registration of the community plan.
If the community plan includes a development lot referred to in subclause (1) (c)—
(a) the strata plan is to be taken to have effected the subdivision on registration of the community plan, and
(b) the Registrar-General is to make a recording in the folio for the common property for the strata scheme to the effect that the identity of the strata parcel has been redefined by the community plan.
The conversion under this clause of common property to community property—
(a) vests the community property in the community association without any further assurance, and
(b) does not of itself give rise to any liability for stamp duty.
The Registrar-General may refuse to register a community plan referred to in this section if it subdivides a lot in a strata plan.
On registration of a community plan referred to in this clause, the Registrar-General may make in the folio for common property in a strata scheme forming part of the community scheme such notations as the Registrar-General thinks fit in relation to the establishment of the community scheme.
Development consent to a conversion to a community scheme or a neighbourhood scheme under this Part is not required if—
(a) development consent for the development proposed to be converted was in force immediately before the commencement of this clause, and
(b) the conversion would not constitute a new development.
In this clause, a reference to an applicable interest in land is a reference to an easement, restriction on the use of land or positive covenant that burdens or benefits the land.
Instead of being released by the registration of separate instruments, more than one applicable interest in land proposed to be converted in accordance with this Part to land the subject of a community scheme or neighbourhood scheme may be released by the registration with the community plan or neighbourhood plan effecting the conversion of an instrument that—
(a) is in the approved form and includes the prescribed information, and
(b) bears the signed consent of each person who, but for this clause, would be required to join in separate instruments in order to effect the release of those interests.
The Registrar-General—
(a) may waive a requirement of this Part, or
(b) may make any recording in the Register that the Registrar-General thinks necessary in order to give effect to this Part, or
(c) if the Registrar-General thinks fit to do so—refuse registration under this Part, or
(d) give effect to any conversion to a community scheme or neighbourhood scheme provided for by regulations made under clause 1.
The Registrar-General may accept lodgment of a plan despite section 195B (a) of the Conveyancing Act 1919.
Anything done before a provision of this Act was amended by the Community Land Development Amendment Act 1996 that would have been valid if that provision as so amended had been in force when it was done is taken to have been validly done.
Community Land Development Act 1989 No 201. Assented to 21.12.1989. Date of commencement, 1.8.1990, sec 2 and GG No 82 of 29.6.1990, p 5382. This Act has been amended as follows—
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provision of Sch 1 relating to the Community Land Development Act 1989, assent, sec 2. |
No 94 | Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assented to 17.12.1991. Date of commencement of the provision of Sch 1 relating to the Community Land Development Act 1989, assent, Sch 1. | |
No 33 | Roads Act 1993. Assented to 8.6.1993. Date of commencement, 1.7.1993, sec 2 and GG No 73 of 1.7.1993, p 3343. | |
No 32 | Statute Law (Miscellaneous Provisions) Act 1994. Assented to 2.6.1994. Date of commencement of the provision of Sch 2 relating to the Community Land Development Act 1989, assent, Sch 2. | |
No 44 | Local Government Legislation (Miscellaneous Amendments) Act 1994. Assented to 2.6.1994. Date of commencement of Sch 19, 1.7.1994, sec 2 and GG No 80 of 17.6.1994, p 2915. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of the provision of Sch 1 relating to the Community Land Development Act 1989, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 80 | Community Land Development Amendment Act 1996. Assented to 6.11.1996. Date of commencement, 1.2.1997, sec 2 and GG No 11 of 24.1.1997, p 187. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 139 | Strata Schemes Management (Miscellaneous Amendments) Act 1996. Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55. Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). | |
No 55 | Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997. Date of commencement of Sch 1.2, assent, sec 2 (2). | |
No 152 | Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. | |
No 34 | Disability Discrimination Legislation Amendment Act 1998. Assented to 15.6.1998. Date of commencement, 1.10.1998, sec 2 and GG No 139 of 25.9.1998, p 7665. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 1.3, assent, sec 2 (2). | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.7, 1.9.2001, Sch 2.7 and GG No 132 of 31.8.2001, p 6565. | |
No 2 | Conveyancing Legislation Amendment (e-plan) Act 2002. Assented to 9.4.2002. Date of commencement, 19.8.2002, sec 2 and GG No 130 of 16.8.2002, p 5931. | |
No 4 | Valuers Act 2003. Assented to 28.5.2003. Date of commencement of Sch 1.2, 31.3.2005, sec 2 (1) and GG No 37 of 29.3.2005, p 929. | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.6, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 1.9, assent, sec 2 (2). | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.7, assent, sec 2 (2). | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.3, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.5, 1.9.2007, Sch 1.5 and GG No 108 of 31.8.2007, p 6018. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 1, 1.3.2016, sec 2 (2) and 2015 (798) LW 18.12.2015. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 46 | Land and Property Information NSW (Authorised Transaction) Act 2016. Assented to 28.9.2016. Date of commencement of Sch 4, 19.5.2017, sec 2 (2) and 2017 (96) LW 24.3.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.8, 14.1.2018, sec 2 (3). | |
No 10 | Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021. |
Sec 3 | Am 1991 No 94, Sch 1; 1993 No 33, Sch 1; 1995 No 11, Sch 1; 1996 No 80, Schs 3 [1], 5 [1]; 1996 No 121, Sch 2.6 [1]; 1996 No 139, Sch 2.5 [1]–[5] (am 1997 No 55, Sch 2.18 [1]); 1997 No 152, Sch 4.6 [1]–[4]; 2000 No 93, Sch 2.7 [1] [2]; 2003 No 4, Sch 1.2; 2006 No 58, Sch 2.3 [1]; 2013 No 95, Sch 4.4 [1]; 2015 No 48, Sch 1.3 [1]; 2015 No 50, Sch 4.5 [1]–[3]; 2015 No 51, Sch 9.3 [1]–[9]; 2016 No 46, Sch 4.1 [1]. |
Sec 3A | Ins 2002 No 2, Sch 2.4 [1]. Am 2021 No 10, Sch 3.5[1]. |
Sec 4 | Am 1996 No 139, Sch 2.5 [6] (am 1997 No 55, Sch 2.18 [1]); 2015 No 51, Sch 9.3 [10]. |
Sec 8 | Am 2002 No 2, Sch 2.4 [2]. |
Sec 9 | Am 2002 No 2, Sch 2.4 [3]. |
Sec 15 | Am 1997 No 152, Sch 4.6 [5]. |
Sec 16 | Am 1999 No 31, Sch 1.5 [1]–[3]. |
Sec 17 | Am 1999 No 31, Sch 1.5 [4] [5]. |
Sec 21 | Am 1997 No 152, Sch 4.6 [6]; 2016 No 46, Sch 4.1 [2]. |
Sec 22 | Am 1999 No 31, Sch 1.5 [6]; 2000 No 93, Sch 2.7 [3]; 2006 No 58, Sch 2.3 [2]. |
Sec 23 | Am 1999 No 31, Sch 1.5 [7]–[9]. |
Sec 24 | Am 1999 No 31, Sch 1.5 [10] [11]. |
Sec 26 | Am 1996 No 80, Sch 1 [1]–[3]; 2003 No 40, Sch 2.6. |
Sec 35 | Am 1997 No 55, Sch 1.2; 2005 No 64, Sch 1.7 [1]. |
Sec 36 | Am 1996 No 80, Sch 4 [1]–[5]. |
Sec 37 | Am 2017 No 63, Sch 4.8. |
Sec 40 | Am 1996 No 121, Sch 2.6 [2]; 1999 No 31, Sch 1.5 [12] [13]; 2000 No 93, Sch 2.7 [3] [4]; 2006 No 58, Sch 2.3 [2]; 2013 No 95, Sch 4.4 [2]; 2021 No 10, Sch 3.5[2]. |
Sec 41 | Am 1996 No 80, Sch 3 [2] [3]. |
Sec 42 | Am 1996 No 80, Sch 3 [4]. |
Sec 43 | Am 1996 No 80, Sch 3 [5]. |
Secs 43A, 43B | Ins 1996 No 80, Sch 3 [6]. |
Sec 44 | Am 1996 No 80, Sch 3 [7] [8]. |
Sec 45 | Am 1996 No 80, Sch 3 [9]. |
Sec 46 | Am 1996 No 80, Sch 3 [10]. |
Sec 47 | Am 1994 No 44, Sch 19. |
Sec 49 | Am 2000 No 53, Sch 1.3. |
Sec 50 | Am 2003 No 82, Sch 1.9. |
Sec 54 | Am 1997 No 152, Sch 4.6 [7]. |
Sec 70 | Am 1996 No 80, Sch 5 [2]; 1997 No 152, Sch 4.6 [8]; 2004 No 91, Sch 1.6 [1]. |
Sec 71 | Am 2004 No 91, Sch 1.6 [2] [3]. |
Sec 72 | Am 2021 No 10, Sch 3.5[3]. |
Sch 1 | Am 1994 No 32, Sch 2; 1996 No 80, Schs 2 [1], 5 [3]–[5]; 2002 No 2, Sch 2.4 [4]; 2007 No 27, Sch 1.5 [1]–[3]. |
Sch 2 | Am 2002 No 2, Sch 2.4 [5]. |
Sch 3 | Am 1998 No 34, Sch 1.1 [1] [2]; 2002 No 2, Sch 2.4 [6]. |
Sch 4 | Am 1998 No 34, Sch 1.1 [3] [4]; 2002 No 2, Sch 2.4 [7]. |
Sch 6 | Am 2002 No 2, Sch 2.4 [8]. |
Sch 7 | Am 1999 No 31, Sch 1.5 [14]; 2000 No 93, Sch 2.7 [3]; 2002 No 2, Sch 2.4 [9]; 2006 No 58, Sch 2.3 [2]. |
Sch 8 | Am 2002 No 2, Sch 2.4 [10]; 2015 No 48, Sch 1.3 [2]. |
Sch 9 | Am 1999 No 31, Sch 1.5 [15]; 2021 No 10, Sch 3.5[4] [5]. |
Sch 10 | Am 1999 No 31, Sch 1.5 [16] [17]; 2000 No 93, Sch 2.7 [3]; 2005 No 64, Sch 1.7 [2] [3]; 2006 No 58, Sch 2.3 [2]. |
Sch 11 | Am 1990 No 108, Sch 1; 1996 No 80, Sch 2 [2]; 2015 No 48, Sch 1.3 [2]. |
Sch 12 | Am 1996 No 80, Sch 5 [6]; 1996 No 139, Sch 2.5 [7]; 2015 No 48, Sch 1.3 [3]; 2021 No 10, Sch 3.5[6]. |
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